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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