Washington DUI Laws and Penalties Sentencing Grids
Department of Licensing's 1999 Washington DUI Sentencing Grid
Department Of Licensing
1999 Washington DUI Administrative Sanctions and Reinstatement Provisions
(NEW! Admin. License Susp. For 1st Incident)
as amended by Ch. 207, 209, 212 and 213 of the Laws of 1998
| ADMINISTRATIVE SANCTIONS | ||
| REFUSED TEST | First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years | Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years (Suspension consecutive to any court ordered suspension) |
| Adult | One Year License Revocation | Two Year License Revocation |
| Minor | One Year License Revocation | Two Year License Revocation Or Until Age Twenty-One Whichever Is Longer |
| ALCOHOL CONCENTRATION TEST RESULT |
First Administrative Action |
Second or Subsequent Administrative Action |
|
Adults With 0.08 or Greater |
90 Day License Suspension | Two Year License Revocation |
| Minors With 0.02 or Greater | 90 Day License Suspension | One Year License Revocation Or Until Age Twenty-One Whichever Is Longer |
Note: An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driver's license. An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident, which was the basis for the deferred prosecution.
| REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGE | |||||||||||||
| Suspended License* | Revoked License* | ||||||||||||
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* If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency.
Copyright © 1998 State of Washington Office of the Administrator for the Courts. All Rights Reserved.
Sentencing Grid Effective January 1, 1999
COURT - 1999 DUI Sentencing Grid (NEW! per se level .08) as amended by Ch. 206, 207, 210, 213, 214 Laws of 1998
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"Prior Offense" includes the following: |
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| Original Convictions for the following:
(1) DUI (RCW 46.61.502) (2) Phys. Cont. (RCW 46.61.504) (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 previously 46.61.525.1) (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) (2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance) (3) Neg. Driving 1st (RCW 46.61.5249 previously 46.61.525.1, 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" 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 as amended by Ch. 207, Laws of 1998.) | |||||
| 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 More 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 ($685 total minimum fine w/statutory assessments) | $500-$5,000 ($925 total minimum fine w/statutory assessments) | $1,000-$5,000 ($1,725 total minimum fine w/statutory assessments) | ||
| Driver's License | 90 Day Suspension | Two Year Revocation | Three Year Revocation | ||
| Ignition Interlock Device | Length Determined By Court** | Not Less Than One Year** | Not Less Than One Year** | ||
| 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 More Prior Offenses Within Past Seven Years | ||
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Jail Time*** |
2-365 Days (2 consecutive days non-suspendable) | 45-365 Days (45 days non-suspendable) | 120-365 Days (120 days non-suspendable) | ||
| Electronic Home Monitoring | * In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days | 90 Days | 150 Days | ||
| Fine | $500-$5,000 ($925 total minimum fine w/statutory assessments) | $750-$5,000 ($1,325 total minimum fine w/statutory assessments) | $1,500-$5,000 ($2,525 total minimum fine w/statutory assessments) | ||
| Driver's License | One Year Revocation | 900 Day Revocation | Four Year Revocation | ||
| Ignition Interlock Device | Not Less Than One Year** | Not Less Than One Year** | Not Less Than One Year** | ||
| Alcohol/Drug Ed. or Treatment | As Determined By The Court | As Determined By The Court | As Determined By The Court | ||
*Electronic Home Monitoring: For first time offenders, the electronic home monitoring option in lieu of the mandatory minimum jail time is effective June 11, 1998.
**Ignition Interlock: For a person previously ordered to install ignition interlock under RCW 46.20.720(3)(a) not less than 5 years, for a person previously ordered to install ignition interlock under RCW 46.20.720(3)(b) not less than 10 years. Note RCW 46.20.720(3)(a) and 46.20.720(3)(b) are effective January 1, 1999.
***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 as amended by Ch. 206, Laws of 1998, effective June 11, 1998)
(i) The individual is not to drive a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future,
(ii) the individual is not to drive a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving,
(iii) the individual 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 within this state while under the influence of intoxicating liquor.
Office of the Administrator for the Courts. All Rights Reserved.
Sentencing Grid Effective January 1, 1999
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