Washington State DUI First Offense

What are the maximum penalties for a first time offense for DUI in Washington within seven years?

If you receive a DUI conviction rather than negotiate to a lesser charge, you potentially face the following penalties, depending on the facts of your case, including whether you refused the breath or blood test and whether you had a high test result:

• 1 or 2 day minimum-364 days maximum in jail (in lieu of minimum jail, can request 15 or 30 days of electronic home monitoring)
• Fines, costs and assessments between $940.50 and $8,845.50
• 90 day license suspension to 2 year license revocation
• SR22 insurance upon reinstatement
• Ignition interlock (IID) requirement following reinstatement (at least 1 year if you have never previously been ordered to have an IID, longer if you have previously have been do ordered)
• Up to 60 months probation
• Treatment
• Victim Impact Panel

Is it possible to avoid losing my license as the result of a first offense DUI?

Possibly, yes, and that is what we aim to do for all of our clients, by doing a full investigation and leaving no stone unturned. There may be challenges that apply in your case to the breath test evidence. If the field sobriety tests were not properly administered, that could also affect the outcome of your case. In fact, there are a variety of issues that can be raised in almost every DUI case.

To avoid suspension, you must request a DOL hearing. It is important that you have a knowledgeable and skilled attorney for your DOL hearing because they are not easy to win--even for a lawyer, let alone a non-lawyer. You should also know that there is a way for you to keep driving if your license does get suspended--you can apply for an ignition interlock driver's license to drive during the suspension period if you qualify. Obviously, it is better to win, but you have something to fall back on (if you qualify) if you don't win.

What happens if I have a prior offense such as DUI for which I was arrested more than seven years ago?

The prior offense will not count as a “prior offense” and this will be treated as your first offense as far as the mandatory minimum sentence is concerned—meaning the judge cannot give you less than that—however, the judge can always give up to 364 days in jail and the maximum fine. Since prosecutors and judges can still see the prior conviction on your record, the prior DUI likely will diminish the likelihood that the prosecutor will reduce the charge.  The judge will also take your prior offense into consideration if you are convicted.

Does a prior conviction for another charge many years ago count as a “prior offense”?

A conviction for Negligent Driving First Degree, Reckless Driving, or Reckless Endangerment, which was originally charged as a DUI, counts as a prior offense if the arrest dates are within seven years of one another.  A prior Deferred Prosecution for DUI or physical control, a conviction for Felony DUI, Vehicular Assault, or Vehicular Homicide, within seven years, will also count.

Will a prior DUI from a different state count as a “prior offense”?

Yes, if the prosecutor pulls your criminal history from the other state and sees that you have a prior conviction within seven years or if you admitted to the police officer or prosecutor or judge in court that you have had a prior offense. However, the out-of-state conviction will not count unless the elements of that crime are substantially similar to the elements as defined by Washington Law.  The out-of-state prior does not count for the purpose of determining how long your administrative (as opposed to court-ordered) license suspension will be.

Will I be able to leave the state after my first offense DUI?

After a first offense DUI conviction, most people are not restricted to remain in the State.  However, for a second or subsequent DUI conviction, you may not be able to leave the state immediately, because probation must be transferred to the state where you are relocating/returning. This requires that you remain in the State for 48 hours so that you may be given instructions from that State’s probation department.  Callahan Law has helped many people from out of state deal with their DUI cases in Washington State. If there is jail time to perform, that will often have to be done in WA, but if the court allows electronic home monitoring instead, you may be permitted to do that from your home state. Likewise, you will probably have to obtain a chemical dependency evaluation in Washington, but the judge may allow any recommended treatment to be done in your home state, so long as the treatment agency agrees to provide monthly compliance reports to the court and/or probation.

How long until a DUI comes off my record?

Unfortunately, a conviction for DUI will never be removed from your record. It is critical to speak with an attorney while there is time to take precautions to prevent a DUI conviction from going on your record in the first place.