DUI Washington State Misdemeanor

Is DUI a misdemeanor or a felony offense?

DUI is a gross misdemeanor unless the person has four or more prior offenses within 10 years, or has ever been convicted of drug or alcohol related vehicular homicide or assault or felony DUI, in which case DUI is a felony offense. 

If you receive a gross misdemeanor DUI conviction rather than negotiate to a lesser charge, you face the following penalties:

First offense

Test result below .15, or no test result:

• Up to 364 days in jail; with one day (or 15 days of electronic home monitoring) minimum
• $940.50 to $8,845.50 fine with costs and assessments
• 90 day license suspension
• SR22 insurance for 3 years
• One year ignition interlock requirement
• Up to 60 months (5 years) probation
• Evaluation and treatment
• Victim impact panel

Test result of .15 or higher, or refusal:

• A maximum of 364 days in jail; with two days (or 30 days of electronic home monitoring) minimum
• $1,195.50 to $8,845.50 fine, costs and assessments
• 1 year license revocation (2 years if a test refusal)
• SR22 insurance for three years
• A one year ignition interlock device requirement
• Up to 60 months (five years) probation
• Evaluation and treatment
• Victim impact panel

Second offense

Test reported below .15, or no test result:

• Up to 364 days in jail (30 days mandatory minimum)
• Mandatory 60 days electronic home monitoring
• $1,195.50 to $8,845.50 fine, costs and assessments
• 2 year license revocation
• 3 years of SR 22 insurance upon reinstatement of your license
• Ignition interlock requirement of  1, 5 or 10 years depending upon whether you’ve previously had an IID requirement (+30 days if there was a passenger in the car under 16)
• Up to 60 months (five years) probation
• Evaluation and treatment
• Victim impact panel

Test reported at .15 or higher, or refusal:

• Up to 364 days in jail (45 days minimum is mandatory)
• 90 days electronic home monitoring, also mandatory
• $1,620.50 to $8,845.50 fine (including assessments and costs)
• 900 days license revocation (three years if test refusal)
• 3 year SR22 requirement from date of reinstatement
• Ignition interlock device requirement of one year if not previously been ordered to have IID, five years if previously required, 10 years if previous requirement of five years (+30 days if a passenger under 16 was in the vehicle)
• Up to 60 months (five years) probation
• Evaluation and treatment
• Victim impact panel

Third or Fourth Offense

Test reported below .15, or no test result:

• Up to 364 days in jail (minimum 90 days)
• Mandatory 120 days electronic home monitoring
• $2,045.50--$8,845.50 fine (with costs and assessments)
• 3 year license revocation
• SR22 insurance at reinstatement and for the following 3 years
• One year ignition interlock if not previously ordered to have and IID, 5 if previously so ordered, 10 if ordered previously for 5 years.  Add 30 days if there was a passenger in the car under 16.
• Up to 60 months (five years) probation
• Evaluation and treatment
• Victim impact panel

Test reported with .15 or higher, or refusal:

• Up to 364 days in jail (120 days minimum)
• 150 days on electronic home monitoring at your own expense
• $2,895.50- $5,000
• 4 years license revocation
• SR22 insurance at reinstatement and for 3 years following
• 10 years if you’ve previously been ordered to have an IID for 5 years, 5 years if previously ordered to have an IID for 1 year, 1 year in you’ve never previously been ordered to have an IID.  Add 30 days if a child under 16 was in the car.
• Up to 60 months (five years) probation
• Evaluation and treatment
• Victim impact panel