CURRENT PENALTIES
FIRST OFFENSE
- WITH ALCOHOL LEVEL OF .149 OR BELOW
- JAIL TIME: A MINIMUM OF 1 DAY TO A MAXIMUM OF 365 DAYS
- 1 DAY JAIL MAY CONVERT TO 15 DAYS EHM ii
- FINES: $892 TO $8,125
- $350 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 90 DAY MANDATORY LICENSE SUSPENSION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION THE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION THE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- JAIL TIME: A MINIMUM OF 1 DAY TO A MAXIMUM OF 365 DAYS
- WITH ALCOHOL LEVEL OF .150 OR MORE
- JAIL TIME: A MINIMUM OF 2 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- 2 DAYS JAIL MAY CONVERT TO 30 DAYS EHM ii
- FINES: $1,042 TO $8,125
- $500 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 365 DAY MANDATORY LICENSE SUSPENSION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHI IN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- JAIL TIME: A MINIMUM OF 2 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- WITH REFUSAL OF ALCOHOL TEST iv
- JAIL TIME: A MINIMUM OF 2 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- 2 DAYS JAIL MAY CONVERT TO 30 DAYS EHM ii
- FINES: $1,042 TO $8,125
- $500 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: TWO (2) YEAR MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- JAIL TIME: A MINIMUM OF 2 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
ONE PRIOR CONVICTION WITHIN 7 YEARS v
- WITH ALCOHOL LEVEL OF .149 OR BELOW
- JAIL TIME: A MINIMUM OF 30 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- EXTRA 60 DAYS CONSECUTIVE EHM ii AFTER JAIL TIME ABOVE IS COMPLETED
- FINES: $1,042 TO $8,125
- $500 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 2 YEAR MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- TRAVEL OUTSIDE OF STATE MAY BE RESTRICTED
- VEHICLE SUBJECT TO FORFEITURE
- JAIL TIME: A MINIMUM OF 30 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- WITH ALCOHOL LEVEL OF .150 OR ABOVE
- JAIL TIME: A MINIMUM OF 45 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- EXTRA 90 DAYS CONSECUTIVE EHM ii AFTER JAIL TIME ABOVE IS COMPLETED
- FINES: $1,292 TO $8,125
- $750 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 900 DAY MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- TRAVEL OUTSIDE OF STATE MAY BE RESTRICTED
- VEHICLE SUBJECT TO FORFEITURE
- JAIL TIME: A MINIMUM OF 45 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- WITH REFUSAL OF ALCOHOL TEST iv
- JAIL TIME: A MINIMUM OF 45 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- EXTRA 90 DAYS CONSECUTIVE EHM ii AFTER JAIL TIME ABOVE IS COMPLETED
- FINES: $1,292 TO $8,125
- $750 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 3 YEAR MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- TRAVEL OUTSIDE OF STATE MAY BE RESTRICTED
- VEHICLE SUBJECT TO FORFEITURE
- JAIL TIME: A MINIMUM OF 45 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
TWO OR THREE PRIOR CONVICTIONS WITHIN 7 YEARS v
- WITH ALCOHOL LEVEL OF .149 OR BELOW
- JAIL TIME: A MINIMUM OF 90 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- EXTRA 120 DAYS CONSECUTIVE EHM ii AFTER JAIL TIME ABOVE IS COMPLETED
- FINES: $1,542 TO $8,125
- $1,000 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 3 YEAR MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- TRAVEL OUTSIDE OF STATE MAY BE RESTRICTED
- VEHICLE SUBJECT TO FORFEITURE
- JAIL TIME: A MINIMUM OF 90 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- WITH ALCOHOL LEVEL OF .150 OR ABOVE
- JAIL TIME: A MINIMUM OF 120 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- EXTRA 150 DAYS CONSECUTIVE EHM ii AFTER JAIL TIME ABOVE IS COMPLETED
- FINES: $2,042 TO $8,125
- $1,500 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 4 YEAR MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- TRAVEL OUTSIDE OF STATE MAY BE RESTRICTED
- VEHICLE SUBJECT TO FORFEITURE
- JAIL TIME: A MINIMUM OF 120 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- WITH REFUSAL OF ALCOHOL TEST iv
- JAIL TIME: A MINIMUM OF 120 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
- EXTRA 150 DAYS CONSECUTIVE EHM ii AFTER JAIL TIME ABOVE IS COMPLETED
- FINES: $2,042 TO $8,125
- $1,500 PLUS COURT COSTS AND ASSESSMENTS
- LICENSE: 4 YEAR MANDATORY LICENSE REVOCATION
- THIS SUSPENSION TAKES EFFECT 45 DAYS AFTER SENTENCING
- OCCUPATIONAL RESTRICTED LICENSE IS AVAILABLE AFTER 30 DAYS WITH AN IGNITION INTERLOCK DEVICE
- UPON REINSTATEMENT A PROBATIONARY LICENSE FOR 5 YEARS
- IGNITION INTERLOCK DEVICE FOR A MINIMUM OF 1 YEAR UPON REINSTATEMENT iii
- FINANCIAL RESPONSIBILITY (SR 22) FOR THREE YEARS.
- PROBATION WITH COURT FOR FIVE YEARS
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- NOT DRIVE WITHOUT VALID LICENSE AND INSURANCE
- NOT REFUSE A BLOOD OR BREATH TEST
- NOT HAVE A .08 OR HIGHER BLOOD OR BREATH LEVEL WITHIIN TWO HOURS OF DRIVING
- A VIOLATION OF ANY OF THE ABOVE CONDITIONS IS A MANDATORY 30 DAYS JAIL AND 30 DAYS ADDITIONAL LOSS OF PRIVILEGE TO DRIVE.
- AS A CONDITION OF PROBATION TIHE JUDGE SHALL ORDER THAT YOU:
- ATTEND DUI VICTIM PANEL
- ALCOHOL EVALUATION AND COMPLIANCE WITH RECOMMENDATION
- TRAVEL OUTSIDE OF STATE MAY BE RESTRICTED
- VEHICLE SUBJECT TO FORFEITURE
- JAIL TIME: A MINIMUM OF 120 CONSECUTIVE DAYS TO A MAXIMUM OF 365 DAYS
FOUR OR MORE PRIOR CONVICTIONS WITHIN 10 YEARSv
A person who has four or more prior offenses within ten years, or who has ever previously been convicted of a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, shall be punished in accordance with chapter 9.94A RCW. This is treated as a felony with a seriousness level of 5. The standard sentencing range can be determined only after a review of the individual’s complete past criminal history to calculate the individuals Offender Score. See Chart.
Offender Score| 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 or more | |
| Seriousness Level | 9m | 13m | 15m | 18m | 2y2m | 3y2m | 4y | 5y | 6y | 7y |
| 6 - 12 | 12+ - 14 | 13 - 17 | 15 - 20 | 22 - 29 | 33 - 43 | 41 - 54 | 51 - 68 | 62 - 82 | 72 - 96 |
ii. EHM is electronic home monitoring (Home detention).
iii. Mandatory 60 day ignition interlock if driving with a passenger under sixteen years of age. [RCW 46.61.5055(4)] For a person previously ordered to install ignition interlock as a result of conviction, minimum is 5 years. For person previously ordered to install ignition interlock for 5 years, minimum is 10 years. [RCW 46.70.720]
iv. Refusing a Portable Breath Test device does not apply. Refusing a non-portable Breath Test at the Police Station/Jail or a Blood Test would apply.
v. A prior conviction is defined as DUI, physical control, vehicular homicide/assault convictions, deferred prosecutions, Negligent Driving First Degree or Reckless Driving/Reckless Endangerment reduced from a DUI, within the previous 7 years. "Seven years" is measured from the date of prior arrest to the date of the current arrest. [RCW 46.61.5055(12)]
