Serving Skagit,
Island, and
Whatcom Counties
Island, and
Whatcom Counties
What are the Potential Consequences of a DUI Conviction?
A DUI is considered a gross misdemeanor. Some of the penalties that the state can impose if you are convicted of a DUI charge in Washington can include jail times, fines, license suspension, required alcohol education, ignition interlock device in vehicle, or one day offender program (Skagit County). RCW 46. 61.5055 outlines the penalties depending on your status as a first time DUI offender or if you have had prior DUI convictions. The statute indicates the penalties are based on a BAC less than .15% or a BAC .15% or higher. To simplify the statute, here is a table which outlines the possible penalties:
| First Offense DUI | BAC less than .15% OR no test result | BAC .15% or higher OR test refusal |
| • Minimum Jail Time Or Electronic Home Monitoring (EHM) | 24 hours consecutively or 15 days EMH | 48 hours consecutively or 30 days EMH |
| • Jail time maximum | 364 days | 364 days |
| • Fines & Fees | $990.50 to $5,000 | $1,245.50 to $5,000 |
| • License Suspension | 90 days | 1 – 2 years |
| • Ignition Interlock | 1 year after the suspension | 1 year after the suspension |
| • Alcohol/drug assessment | Yes | Yes |
| • Probation | 5 years | 5 years |
| Second Offense DUI | 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 | 364 days | 364 days |
| • Electronic Home Monitoring (EHM) | 60 days | 90 days |
| • Fines & Fees | $1,245.50 to $5,000 | $1670.50 to $5,000 |
| • License suspension | 2 years | 900 days – 3 Years |
| • Ignition Interlock | 5 years if previously restricted | 5 years if previously restricted |
| • Alcohol/drug assessment | Yes | Yes |
| • Probation | 5 years | 5 years |
| Third or More Offense DUI | 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 | 364 days | 364 days |
| • Electronic Home Monitoring (EHM) | 120 days | 150 days |
| • Fines & Fees | $2,095.50 to $5,000 | $2945.50 to $5,000 |
| • License suspension | 3 years | 4 years |
| • Ignition Interlock | 10 years if previously restricted for 5 | 10 years if previously restricted for 5 |
| • Alcohol/drug assessment | Yes | Yes |
| • Probation | 5 years | 5 years |
Here is a detailed explanation of the penalties:
Jail time – Time served depends on how many prior DUI convictions you have. Per the RCW outlined above, the higher BAC you have, the longer possible sentence you can serve in jail.
One Day Offender program for drivers in Skagit County – The One Day Offender program is typically an option for first time offenders. This is an alternative to jail that allows jail time to be served in a dormitory located at the Skagit County fairgrounds. You must not have any recent felonies or have committed any violent crimes. The program is limited to 2 days maximum and only runs a few times a year, so you would have to schedule in advance. Have your lawyer negotiate this option for you to be eligible.
Electric Home Monitoring (EHM) – This is an option for individuals to serve their time in their home under supervision. An ankle bracelet is placed to track a person’s location and sometimes even monitor any alcohol consumption. This is done through a supervising agency who reports any violations to the court. For more on EHM, please read RCW 9.94A.736 .
Fines – Fines for DUI convictions can range anywhere from $500 to $5000 depending on your status as a first-time offender or a repeat offender.
License suspension – When you are convicted of a DUI, your license can be suspended through the administrative portion which is the Department of Licensing (DOL). Through the DOL hearing, the department may decide to suspend or revoke your license or dismiss the suspension. However, through the criminal process, the Judge can impose license suspension as part of the penalties of a DUI.
Alcohol and drug evaluation – The state may also require you to complete an alcohol evaluation and be evaluated to determine if there is a substance problem, and if so, the court will mandate to complete the recommended treatment as well. Typically, we encourage clients to have the evaluation complete as soon as possible after the DUI charge to demonstrate proactive engagement with the court’s process.
Alcohol and Drug Information School (ADIS) – This is an 8-hour educational program that is a requirement for first-time offenders.
Victim Impact Panel – This is another required course for first-time offenders.
Ignition interlock device – This is often required after a DUI conviction. It is a device installed into your vehicle that acts like a breathalyzer and prevents the engine from starting if the driver’s breath alcohol concentration exceeds the limit.
Probation – DUI convictions often include a period of probation (in Washington it is typically 5 years). The probation terms have specific conditions like no driving a vehicle without a valid license or while under the influence. You also are required to test for alcohol and drugs. You are required to show for meetings with your probation officer. If you fail any of the conditions, the state can impose more penalties on you.
If you are charged with a DUI in Skagit, Whatcom, or Island County, please call Powers Law Group at 360-419-0809 for a consultation today.