The Penalties for DUI Arrest and Conviction in Washington

 

Most states are putting more emphasis on punishing DUI motorists.  Keeping the roads safe and discouraging reckless behavior are the primary motives behind the aggressive nature for punishing these types of offenses.  A person arrested for multiple or aggravated Washington DUI events will face some stiff fines as well a multitude of other penalties.

 

 

Aggravated DUI

In Washington DUI is considered a misdemeanor.  However, if a person is found to committing other illegal acts at the time of the DUI it is called an aggravated DUI.  There are several examples of how an additional act, coupled with the DUI, can lead to a person being arrested for an aggravated DUI charge.

 

• Driving with a revoked, suspended or an invalid driver’s license
• Operating a school bus with minor aged children
• If an injury or death is caused by an accident while driving DUI
• Lack of proper vehicle insurance
• Operating a motor vehicle inside a marked school zone

 

Penalties Based on Blood Alcohol Content

In the state of Washington suspects can refuse a breath test and instead request a blood test.  If the blood alcohol content (BAC) falls within a certain range there are some specific penalties.  However, if the BAC goes over that range the penalties become worse.  Here is a breakdown that shows the differences in fines and other penalties associated with high BAC levels.

 

Violation	BAC Level	Minimum Jail Time	Minimum Fine	License Suspension
First Offense	Less than .15	24 hours or 15 days Electronic Home Monitoring (EHM)	$866	90 days
	Over .15	2 days jail or 30 days EHM	$1,121	1 Year
Second Offense	Less than .15	30 days jail plus 60 days of EHM	$1,121	2 Year
	Over .15	45 days jail plus 90 days EHM	$1,546	900 days
Third Offense or more	Less than .15	90 days jail plus 120 days EHM	$1,971	3 years
	Over .15	120 days jail plus 150 days EHM	$2,821	4 years

 

Please note that the fines listed are only the minimum amounts.  The actual fines can reach up to $5,000

 

Additional Penalties

The chart above clearly shows that the higher the BAC the more severe the punishment.  However, this is not the whole story.  In addition to the suspended license, jail time and fines people who are convicted for a Washington DUI come under several more penalties.

Insurance – Any person that has their license suspended must carry high risk insurance on their automobile for the following three years.  This type of insurance is most commonly referred to by its form name, SR22 insurance.  In addition to the three year period the Washington Department of Licensing will keep the person on a probationary status for another five years.

Ignition Lock – This electronic device connects to the electrical wiring of a car.  The person must breathe into the device before the car can be started.  If there is alcohol present the car will not start.  After a person is convicted for a Washington DUI they must have the ignition lock device on their automobile for one year.

Physical assessments and treatments – After being convicted for a DUI a person must be assessed by a certified chemical dependency service.  The Washington State Department of Social and Health Services publishes a list of the companies certified to perfume this evaluation.  If the suspect demonstrates a problem with alcohol the court will assign a level of treatment to correct the problem.  The amount and extent of the treatment is usually based on the observations of the assessment service.

Victim Impact Panel – The court will also order convicted persons to attend a meeting of a Victim Impact Panel.  Based on recent data, over 13,000 people die each year throughout the United States as a result of drunken driving.   These panels are used in order to educate DUI offenders about the possible dangers associated with their behavior.  The panel typically involves three or possibly four speakers.  These speakers are usually related to or a loved one of a person that died due to a drunk driving accident.   Many lawyers encourage their clients to attend one of the panel meetings even before their court appearance.  This action shows the judge that the suspect is serious about learning from their mistakes and is trying to take action to prevent such reckless behavior in the future.