
Vern Smith
Washington DUI Laws
Driving Under the Influence - RCW 46.61.502
Physical Control of Vehicle Under the Influence - RCW 46.61.504
Operation of vessel in a reckless manner (boating) - RCW 79A.60.040
Breath Testing- WAC 448-16
Blood Testing - WAC 448-14
Portable Breath Testing- WAC 448-15
DUI Penalty Chart
First DUI Conviction
|
BAC less than .15% OR no test result |
BAC .15% or higher OR test refusal |
|
|
Jail time minimum Or Electronic Home Monitoring (EHM) |
24 hours consecutivelyor 15 days EMH | 48 hours consecutively or 30 days EMH |
| Jail time maximum | One year | One year |
| Fines & Fees | $823 to $5,000 | $1,015 to $5,000 |
| License Suspension | 90 days | 1 - 2 years |
| Ignition Interlock | One year after suspension | One year after suspension |
| Alcohol/drug assessment | Yes | Yes |
| Probation | Five years | Five years |
Second DUI Conviction
|
BAC less than .15% OR no test result |
BAC .15% or higher OR test refusal |
|
| Jail time minimum | 30 days consecutively | 45 days consecutively |
| Jail time maximum | One year | One year |
| Electronic Home Monitoring (EHM) | 60 days | 90 days |
| Fines & Fees | $1,015 to $5,000 | $1,405 to $5,000 |
| License suspension | Two years |
900 days - 3 Years |
| Ignition Interlock | Five years if previously restricted | Five years if previously restricted |
| Alcohol/drug assessment | Yes | Yes |
| Probation | Five years | Five years |
Third DUI Convicton
|
BAC less than .15% OR no test result |
BAC .15% or higher OR test refusal |
|
| Jail time minimum | 90 days consecutively | 120 days consecutively |
| Jail time maximum | One year | One year |
| Electronic Home Monitoring (EHM) | 120 days | 150 days |
| Fines & Fees | $1,805 to $5,000 | $2,605 to $5,000 |
| License suspension | Three years | Four years |
| Ignition Interlock | Ten years if previously restricted for five | Ten years if previously restricted for five |
| Alcohol/drug assessment | Yes | Yes |
| Probation | Five years |
*The Supreme Court of Washington does not recognize certification of specialties in the practice of law, and certification is not a requirement to practice law in the state of Washington.
The information on this site is not, nor is it intended to be, legal advice. Please contact me to obtain legal advice pertaining to your situation.