Sunday, August 26, 2007

WASHINGTON STATE DUI SENTENCING GRID

WASHINGTON COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through June 10, 2004)

“Prior Offense” includes the following:
(as defined in RCW 46.61.5055)Original Convictions for the following:

(1) DUI (RCW 46.61.502) (or an equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance)
(3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence
(4) Equiv. out-of-state statute for any of the above offenses

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)♦

(1) Neg. Driving 1st (RCW 46.61.5249)
(2) Reckless Driving (RCW 46.61.500)
(3) Reckless Endangerment (RCW 9A.36.050)
(4) Equiv. out-of-state or local ordinance for the above offenses

Deferred Prosecution Granted for the following:
(1) DUI (RCW 46.61.502) (or equivalent local ordinance)
(2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance)
(3) 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)

“Within seven years” means that the arrest for a prior offense(s) occurred within seven 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 YearsOne Prior Offense Within PastSeven YearsTwo or More Prior Offenses Within Past Seven Years

Jail Time/EHM Time
First Offense: 1-365 Days (24 consecutive hours non-suspendable)
Second Offense: 30-365 Days (30 days non-suspendable); 60 Days Electronic Home Monitoring
Tird Offense: 90-365 Days (90 days non-suspendable); 120 Days Electronic Home Monitoring

Fines
First Offense: $350-$5,000 ($823 total minimum fine w/statutory assessments****)
Second Offense: $500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
Third Offense: $1,000-$5,000 ($1,928 total minimum fine w/statutory assessment****)

Driver's License Suspension: Per DOL
First Offense: 90 Day Suspension
Second Offense: Two Year Revocation
Third Offense: Three Year Revocation

Additionally:
Ignition Interlock Device may be ordered;
Alcohol/Drug Ed. or Treatment As Determined by the Court

Alcohol Concentration at Least .15 or Greater or Test RefusalNo Prior Offenses Within Past Seven YearsOne Prior Offense Within Past Seven YearsTwo or More Prior Offenses Within Past Seven Years

Jail Time/EHM Time
First Offense: 2-365 Days (2 consecutive mandatory); 30 Days Electronic Home Monitoring
Second Offense: 45-365 Days (45 days mandatory); 90 Days Electronic Home Monitoring
Tird Offense: 120-365 Days (120 days mandatory); 150 Days Electronic Home Monitoring

Fines
First Offense: $500-$5,000 ($1,078 total minimum fine w/statutory assessments****)
Second Offense: $750-$5,000 ($1,503 total minimum fine w/statutory assessments****)
Third Offense: $1,500-$5,000 ($2,778 total minimum fine w/statutory assessments****)

Driver's License Suspension: Per DOL
First Offense: One Year Revocation (2 Years if BAC refused; Chapter 95, Laws 2004)
Second Offense: Two Year Revocation (3 Years if BAC refused)
Third Offense: Four Year Revocation

Additionally:
Ignition Interlock Device may be ordered;
Alcohol/Drug Ed. or Treatment As Determined by the Court

If you or someone you know is currently facing DUI charges in Washington call; the Law Office of Kurt E. Boehl at 206-728-0200

Seattle Criminal Defense