Criminal Penalties Defense
Consequences of DUIs in Washington State
The consequences of a DUI conviction in Washington cover a wide range, from the obvious ones like jail time and fines to less apparent ones like restrictions on travel both within and outside the country, as well as potential immigration issues. These potential penalties, coupled with the prospect of having a DUI on your record, are often the primary reasons why people worry when they get arrested for a DUI.
Beyond the immediate consequences of a DUI conviction, the most significant long-term impact is the permanence of the conviction itself. A DUI conviction cannot be removed from your record, which means it will always be there. It will continue to have serious repercussions in the form of additional penalties for any future DUI offenses. Additionally, it can affect your chances of securing future employment and may show up during criminal background checks. However, it doesn’t have to be this way because it is possible to successfully challenge a DUI charge.
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A simple list of DUI consequences includes:
Jail Sentence
Monetary Fine
Driver's License Suspension or Revocation
Ignition Interlock Device
Alcohol/Drug Education or Treatment
Jail Sentence
A DUI offense in Washington is categorized as a gross misdemeanor, which means it can result in a maximum jail term of 365 days. However, it’s rare for someone to actually receive the full 365-day sentence, except in the most extreme cases. Instead, there are mandatory minimum jail sentences that must be imposed upon a DUI conviction. The duration of this mandatory jail time depends on a person’s DUI history and the level of their breath test, or whether they refused the test. For example, on a first-time DUI with a BAC below .15, the mandatory minimum jail is 24 consecutive hours in jail. This mandatory minimum goes up to 48 consecutive hours if the BAC is above .15 or the person refused the test. With very few exceptions, serving jail time is a mandatory part of the DUI sentence.
Fines and Fees
A fine includes not only the penalty mandated by the law for the violation but also various expenses, fees, assessments, and services required by state, county, city prosecutors, and probation offices. What may initially seem like a low fine can quickly escalate when all additional costs are factored in. The total amount can vary depending on the court and the judge handling the case.
Most courts provide options for payment. You can typically pay the fine directly within 30 days of sentencing or arrange a payment plan through an external credit management agency. Failure to pay fines may result in them being sent to collections, lead to probation violations, or both.
License Suspension
In any DUI conviction, the imposition of a license suspension or revocation is mandatory. The duration of this suspension or revocation depends on the individual’s prior DUI history and their breath test results or refusal to take a breath test.
There are two opportunities for the suspension of one’s license in a DUI case. First, following an administrative hearing with the Department of Licensing (DOL). Second, upon criminal conviction.
Ignition Interlock Device
In Washington, anyone convicted of DUI now must have an ignition interlock device (IID) installed. Even if you don’t intend to drive or don’t own a vehicle, you are required to install an IID.
Failure to comply with the IID requirement would be considered a probation violation, potentially leading to additional jail time. It could also result in a separate legal violation, leading to additional criminal charges.
Probation
Under Washington state law, any person convicted of a DUI is mandated to undergo probation for a five-year duration. Probation entails the court temporarily suspending all or part of the sentence provided the defendant complies with specific conditions. Typically, someone on DUI probation must meet the following criteria:
- Complete an Alcohol Evaluation and any recommended follow-up treatment.
- Participate in a DUI Victim’s Panel.
- Avoid any criminal law violations
- Not drive without a valid license and insurance.
- Do not refuse a breath test.
- Not drive without a BAC above .08 or THC above 5 ng.
- Satisfy all court-imposed fines.
- Serve any required jail time.
The court can impose either active or inactive probation. Active probation entails having a probation officer assigned to the case, necessitating regular reporting, and potentially leading to a more time-consuming, expensive, and adversarial process. Conversely, inactive probation involves the court overseeing compliance with its terms without the need for reporting to a probation office, resulting in a more cost-effective option. To avoid active probation, it’s crucial to ensure you have fulfilled all potential court conditions in advance.
Schedule an Appointment
Contacting a lawyer as early as possible in the case can make all the difference in the outcome.
Drug and Alcohol Evaluation
Anyone convicted of DUI is required to undergo an alcohol or drug evaluation to assess whether there is an issue with substance abuse. Additionally, the court will mandate that the individual undergo any recommended treatment as part of their sentence. These recommendations can vary, ranging from completing a one-day Alcohol and Drug Information School to participating in a more intensive two-year outpatient treatment program.
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