Penalties for First, Second and Third DUI Offenses in Washington

The state of Washington has DUI laws that are more strict than many other states. In getting behind the wheel while legally intoxicated, drivers put their future at risk. If you have been arrested for a DUI and want to save yourself from the above fines, jail time and other penalties you should have an experienced Bellevue drunk driving lawyer look at your case and explain any possible defenses.

Washington’s penalties for driving under the influence of drugs or alcohol are very strict. They range in severity depending on blood alcohol content (BAC) and whether or not the driver has any prior DUI convictions.

The .08% limit is the standard used across the United States to define an “impaired driver,” however the state of Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). Washington’s lookback, or washout period is 7 years; this means that any prior DUI convictions are relevant for the following 7 years. It is also important to note that Washington has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension for one year, regardless of BAC or any priors.

First offense DUI offenders will face 1 day of jail time if BAC is less than .15% and 2 days if BAC is .15% or higher. In some cases first offense offenders will be subject to electronic home monitoring in lieu of jail time. A fine of $865.50 to $5,000 will be imposed if BAC is less than .15%, and between $1,120.50 and $5,000 if BAC is .15% or more. Drivers license suspension is imposed for 90 days if BAC is less than .15% and 1 year if equal to or over. An Ignition Interlock Device (IID) is required as well. An IID is similar to a breathalyzer and is connected to the vehicle’s dashboard. It requires that the driver of the vehicle breathes into the device before starting the engine. If the driver blows above the programmed limit in the IID the engine will not start. A first offense offender will also be required to purchase SR22 insurance, and may be asked to attend an alcohol and drug education program.

Second time DUI offenders face harsher penalties. Rather than the 1 or possible 2 days in jail that first time offenders face, second time offenders will be required to spend 30 days in jail if their BAC is less than .15% and up to 45 days if .15% or greater. Electronic home monitoring is also required for a mandatory period of 60 days. The fines for second time DUI offenses are as follows: $1,120.50 to $5,000 if BAC is less than .15% and $1,545.50 to $5,000 if .15% or higher. The offender’s drivers license will be suspended for 2 years if BAC is under .15% and 900 days if .15% or above, and as with a first time offense an IID and SR22 insurance will be required along with possible drug and alcohol education.

Finally, are third and subsequent DUI offense penalties. 90 days jail sentencing is required for a BAC that is less than .15% and 120 days if .15% or higher. A third time offender will also face 120 days of mandatory electronic home monitoring. Imposed fines are between $1,970.50 and $5,000 for BAC that is less than .15%, and between $2,820.50 and $5,000 for BAC that is .15% and above. Drivers license suspension will be required for 3 years if BAC is less than .15% and 4 years if .15% or higher. Similarly to first and second time offenders, an IID and SR22 insurance will be required as well as possible drug and alcohol education.

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