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Phone: (253) 565-3023
Emergency After Hours: (253) 225-3230
Toll Free: (877) 565-3023
Defend Your Rights •
Recover Your Life
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The Mission of the Center for DUI Defense is to protect and defend the rights of citizens against the misuse of government power, to uphold justice and fairness, and to ensure that the personal dignity of every client is protected and preserved. |
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DUI Criminal Penalties: Sentencing Guidelines
| COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through July 1, 2007) |
| "Prior Offense" includes the following: (as defined in RCW 46.61.5055) |
Original Convictions for the following:
- DUI (RCW 46.61.502) (or an equivalent local ordinance)
- Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance)
- Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence
- Equiv. out-of-state statute for any of the above offenses
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Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)¤
- Neg. Driving 1st (RCW 46.61.5249)
- Reckless Driving (RCW 46.61.500)
- Reckless Endangerment (RCW 9A.36.050)
- Equiv. out-of-state or local ordinance for the above offenses
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Deferred Prosecution Granted for the following:
- DUI (RCW 46.61.502) (or equivalent local ordinance)
- Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance)
- Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)
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| "Within seven years" or "within 10 years" means that the arrest for a prior offense(s) occurred within seven years, or within 10 years, of the arrest for the current offense. (as defined in RCW 46.61.5055) |
| Alcohol Concentration Less Than .15 or No Test Result |
No Prior Offenses Within Past Seven Years |
One Prior Offense Within Past
Seven Years• |
Two or Three Prior Offenses Within Past Seven Years• |
| Jail Time*** |
1-365 Days (24 consecutive hours non-suspendable) |
30-365 Days (30 days non-suspendable) |
90-365 Days (90 days non-suspendable) |
| Electronic Home Monitoring* |
In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days |
60 Days |
120 Days |
| Fine |
$350-$5,000 ($866 total minimum fine w/statutory assessments****) |
$500-$5,000 ($1,121 total minimum fine w/statutory assessments****) |
$1,000-$5,000 ($1,971 total minimum fine w/statutory assessment****) |
| Driver's License |
90 Day Suspension |
Two Year Revocation |
Three Year Revocation |
| Ignition Interlock Device |
DOL Shall Require ** |
DOL Shall Require ** |
DOL Shall Require ** |
| Alcohol/Drug Ed. or Treatment |
As Determined by the Court |
As Determined by the Court |
As Determined by the Court |
| Alcohol Concentration at Least .15 or Greater or Test Refusal |
No Prior Offenses Within Past Seven Years |
One Prior Offense Within Past
Seven Years• |
Two or Three Prior Offenses Within Past Seven Years• |
| Jail Time*** |
2-365 Days (2 consecutive mandatory) |
45-365 Days (45 days mandatory) |
120-365 Days (120 days mandatory) |
| Electronic Home Monitoring* |
In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days |
90 Days |
150 Days |
| Fine |
$500-$5,000 ($1,121 total minimum fine w/statutory assessments**** |
$750-$5,000 ($1,546 total minimum fine w/statutory assessments****) |
$1,500-$5,000 ($2,821total minimum fine w/statutory assessments****) |
| Driver's License |
1 Year Revocation (2 years if BAC refused; RCW 46.61.5055(7)(c)) |
900 Days Revocation (3 years if BAC refused; RCW 46.61.5055(7)(c)) |
4 Year Revocation |
| Ignition Interlock Device |
DOL Shall Require ** |
DOL Shall Require ** |
DOL Shall Require ** |
| Alcohol/Drug Ed. or Treatment |
As Determined by the Court |
As Determined by the Court |
As Determined by the Court |
| ¤ | Amended Convictions: See City of Walla Walla v. Greene, 154 Wn. 2d 722, 116 P. 3d 1008 (2005). |
| * | Electronic Home Monitoring (EHM): For first time offenders, the court may impose electronic home monitoring in lieu of the mandatory minimum jail time. Courts may waive electronic home monitoring in writing stating the reasons therefore and facts relied upon. If EHM is waived, the court is required to impose an alternative sentence with similar punitive consequences. RCW 46.61.5055. |
| ** | Ignition Interlock Device (IID): Effective June 10, 2004, DOL shall require after any alcohol related violation of RCW 46.61.502 , 46.61.504 or equivalent local ordinances; the court may order IID, setting a calibration level and duration. 46.20.720 (as amended Chapter 95, Laws 2004). For application in DUI Deferred Prosecution, see: RCW 10.05.140, which requires IID in a deferred prosecution of any alcohol-dependency based case. If the violation was committed while a passenger under 16 was in the vehicle, the court must order installation and use of IID for at least 60 days or extend a previously imposed IID requirement by at least 60 days; IID restrictions begin after any applicable period of suspension, revocation, or denial of driving privileges. RCW 46.61.5055 (as amended by Chapter 103 Laws 2003). |
| *** | Mandatory conditions of probation if any jail time is suspended: (Court's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055) The individual: (i) is not to drive a motor vehicle without a valid license to drive and proof of financial responsibility, (ii) is not to drive while having an alcohol concentration of .08 or more within two hours after driving, (iii) is not to refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. Violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30 day license suspension. RCW 46.61.5055(9). Courts are required to report violations of mandatory conditions to DOL. RCW 46.61.5055. |
| **** | Statutory Assessments: PSEA 1, RCW 3.62.090(1); Alcohol Violators Fee, RCW 46.61.5054; Criminal Justice Funding Penalty, RCW 46.64.055 (Note: RCW 3.62.090(1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW 3.62.085. (Similarly to forfeitable offenses listed in CrRLJ 3.2(r) - (u), statutory assessments are rounded up to the next even dollar amount.) |
| • | Felony DUI: With four priors within 10 years, or one prior conviction of Veh. Homicide or Veh. Assault (see above), a current offense is a Class C Felony punished under Chapter 9.94A RCW. |
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Phone: (253) 565-3023 |
Emergency After Hours: (253) 225-3230 |
Toll Free: (877) 565-3023 |
Fax: (253) 565-3059
4009 Bridgeport Way W, Ste D | University Place WA 98466
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