Monday, January 8, 2018

Updated 2017 and beyond DUI conviction consequences

The Washington Driving Under the Influence penalty grid has been updated effective August 2017. The grid can be viewed at http://www.courts.wa.gov/newsinfo/content/duigrid/.

Here is the "grid" portion of the grid (the document goes on for several additional pages):

Court – DUI Sentencing Grid
(RCW 46.61.5055 as amended by statute effective July 23, 2017, rev. 8/21/2017)

BAC Result < .15 or No Test Result
No Prior Offense1
One Prior Offense1
Two Prior Offenses1
Mandatory Minimum/ Maximum Jail Time2
24 Consecutive Hours/364 Days
30/364 Days
90/364 Days
If Passenger Under 16 Mandatory Jail
Additional 24 Hours
Additional 5 Days
Additional 10 Days
EHM or Jail Alternative2
15 Days in Lieu of Jail
60 Days Mandatory 
120 Days Mandatory/8 Days Jail Min.
Alternative to Mandatory Jail + EHM
N/A
At least 4 Days Jail+180 Days EHM2
N/A
Mandatory Minimum/ Maximum Fine3***
$990.50/$5,000 
$1,245.50/$5,000
$2,095.50/$5,000
If Passenger Under 16
Minimum/Range4***
$1,000/$1,000-$5,000 + assessments
$1,000/$2,000-$5,000 + assessments
$1,000/$3,000-$10,000 + assessments
Driver's License**
90-Day Suspension5
2-Year Revocation5
3-Year Revocation
If Passenger Under 16
II Device
Additional 6 Months
Additional 6 Months
Additional 6 Months
24/7 Sobriety Program2
If available
If available
If available
Alcohol/Drug Ed./Victim Impact or Treatment
As Ordered
As Ordered
As Ordered
Expanded alcohol assessment/treatment
N/A
Mandatory/treatment if appropriate
Mandatory/treatment if appropriate
II Device
DOL imposed in all cases.
BAC Result .15 or Test Refusal
No Prior Offense1
One Prior Offense1
Two Prior Offenses1
Mandatory Minimum/ Maximum Jail Time2
48 Consecutive Hours/364 Days
45/364 Days
120/364 Days
If Passenger under 16 Mandatory Jail
Additional 24 Hours
Additional 5 Days
Additional 10 Days
EHM/ or Jail Alternative2
30 Days in Lieu of Jail
90 Days Mandatory
150 Days Mandatory/ 10 Days Jail Min.
Alternative to Mandatory Jail + EHM
N/A
At least 6 Days Jail + 6 Months EHM2
N/A
Mandatory Minimum/ Maximum Fine3***
$1,245.50/$5,000
$1,670.50/$5,000
$2,945.50/$5,000
If Passenger Under 16
Minimum/Range4***
$1,000/$1,000-$5,000 + assessments
$1,000/$2,000-$5,000 + assessments
$1,000/$3,000-$10,000 + assessments
Driver's License**
1-Year Revocation5
2 Years if BAC refused
900-Days Revocation
3 Years if BAC refused
4-Year Revocation

If Passenger Under 16
II Device
Additional 6 Months
Additional 6 Months
Additional 6 Months
24/7 Sobriety Program2
If available
If available
If available
Alcohol/Drug Ed./Victim Impact or Treatment
As Ordered
As Ordered
As Ordered
Expanded alcohol assessment/treatment
N/A
Mandatory/treatment if appropriate
Mandatory/treatment if appropriate

The penalty grid lays out the mandatory minimum fines and jail time that must be imposed upon a conviction for DUI. The grid is based on the number of prior offenses that one has within a 7 year time period. It is then broken down by the Alcohol reading in the case in the following categories: no test done/test result under .15, test result above .15, and refusal.

The changes across the board are that there has been a slight increase in the fine.

The largest change is in the "One Prior Offense" section. There is now an EHM or Jail Alternative for such offenses. Instead of 30 days jail + 60 days of electronic home monitoring, the legislature now allows for 4 days jail + 180 days of electronic home monitoring. There is a similar sort of modification for the over .15 BAC category as well.

This is a good alternative to be aware of if you are in the position of having to deal with a second offense within 7 years and perhaps a more palatable option to some than engaging in an RCW 10.05 deferred prosecution program.





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