DUI Penalties

RCW 46.61.5055 outlines the penalties associated with a DUI conviction.

I have summarized these penalties here for your review.


1st Offense (no DUIs w/in the past 7 yrs) and Breath Test below .15 or THC concentration of 5.00 ng/mL or more:
• 1 day jail (may be converted to 15 days of Electronic Home Monitoring at violator's expense - if a child under 16 was in the vehicle, 1 extra day of jail is imposed)
• 90 day license suspension
• Not less than $350 (plus other court costs and fees)
• Ignition interlock requirement for 1 year
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
1st Offense (no prior offenses w/in the past 7 years) and Breath Test above .15 or refusal of Breath or Blood test:
• 2 days jail (may be converted to 30 days of Electronic Home Monitoring at violator's expense - if a child under 16 was in the vehicle, 1 extra day of jail is imposed)
• 1 year license suspension (if refusal, then 2 years)
• Not less than $500 (plus other court costs and fees)
• Ignition interlock requirement for 1 year
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
2nd Offense (one DUI w/in the past 7 years) and Breath Test below .15 or THC concentration of 5.00 ng/mL or more:
• 30 days jail (if a child under 16 was in the vehicle, 5 extra days of jail is imposed) and 60 days of Electronic Home Monitoring at violator's expense*                
• 2 year license suspension
• Not less than $500 (plus other court costs and fees)
• Ignition interlock requirement for 5 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
2nd Offense (one DUI w/in the past 7 years) and Breath Test above .15 or refusal of Breath or Blood test:
• 45 days jail (if a child under 16 was in the vehicle, 5 extra jail days imposed) and 90 days of Electronic Home Monitoring at violator's expense*                
• 900 day license suspension (3 years for refusal)
• Not less than $750 (plus other court costs and fees)
• Ignition interlock requirement for 5 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
3rd Offense (two or more DUIs w/in the past 7 years) and Breath Test below .15 or THC concentration of 5.00 ng/mL or more:
• 90 days jail (if a child under 16 was in the vehicle, 10 extra days jail imposed) and 120 days of Electronic Home Monitoring at violator's expense*                
• 3 year license suspension
• Not less than $1000 (plus other court costs and fees)
• Ignition interlock requirement for 10 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
3rd Offense (two or more DUIs w/in the past 7 years) and Breath Test above .15 or Refusal of Breath or Blood test:
• 120 days jail (if a child under 16 was in the vehicle, 10 extra days jail imposed) and 150 days of Electronic Home Monitoring at violator's expense*                
• 4 year license suspension (same for refusal)
• Not less than $1500 (plus other court costs and fees)
• Ignition interlock requirement for 10 years
• Up to 5 years probation
• Alcohol assessment and follow-up treatment
• Denial of entry into Canada by Canadian Consulate
4th Offense (four or more DUIs w/in the past 10 years) – regardless of breath or blood test result:
• Felony penalties!
In lieu of mandatory EHM requirements for 2nd offense and above sentences, the offender may participate in a 6 month 24/7 sobriety monitoring program.
 
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About the author:
Nathan Webb, is a seasoned Seattle DUI Lawyer.  His practice emphasizes DUI defense.  He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (perfect 10.0 out of 10.0) by Avvo.com.