PROGRAMS

Impaired Driving

Tougher Sentences: Many of the laws were designed to make sentences tougher on DUI offenders-especially repeat DUI offenders.

More Jail Time: Judges will add two years of jail time to the sentence of a person convicted of vehicular homicide for each previous DUI conviction on that person's record. Judges will also consider the presence of passengers when sentencing DUI offenders and will increase penalties for DUI drivers who had passengers of any age in their car when they were arrested.

Permanent Record: A driver's permanent record of his or her DUI convictions will be kept by district courts. The Department of Licensing will keep DUI convictions on record now for 15 years, rather than 10 years, meaning the offender's insurance rates will be adversely affected for an additional five years.

Zero Tolerance for Minors: Violation of the minor in possession of alcohol or drugs law is a gross misdemeanor. This means that anyone under age 21 who obtains, possesses, or consumes alcohol will be charged with a gross misdemeanor and face a maximum of 365 days in jail and a $5,000 fine. Also, anyone under age 21 who drinks and drives may get their driver's license revoked.

Only One Chance: If a driver who has been charged with a DUI believes that his or her actions were a result of an addiction to alcohol or drugs, that driver may qualify for a deferred prosecution, which puts the DUI charges "on hold." The person will be required to complete a two-year treatment program, attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. If he or she complies with the court's requirements, the DUI charge will be dismissed. If the person fails to comply with these requirements, the court will find the person guilty of the DUI charge.

Deferred Prosecution on a traffic offense is limited to once in a person's lifetime, and the person is required to comply with the court's conditions for five years. The law also stipulates that a deferred prosecution stays on a person's permanent record.

Help is Available: If you, or someone you know has a problem with alcohol or drugs, help is available. Call the Alcohol/Drug 24-Hour Help Line for confidential, individual guidance for people with alcohol and other drug-related problems. Crisis intervention techniques and referral services are provided.

Alcohol/Drug 24-Hour Help Line
1-800-562-1240

Beyond Jail Time: Washington's DUI laws prescribe ignition interlock and electronic home monitoring as additional sanctions for DUI drivers.

Ignition Interlock: An ignition interlock device attaches a breath-alcohol analyzer to a vehicle's ignition system. All DUI offenders are required to have an ignition interlock device on the cars they drive-even those who receive a deferred prosecution. When the ignition interlock device is installed on a vehicle, the driver is required to blow into the device, which reads the person's BAC level. If alcohol is detected, then the engine will not start. After starting the car, the driver is required to take the breath test every ten minutes while operating the vehicle. The device also keeps a record of every breath test result and generates a report that is sent to the courts.

The amount of time a DUI offender is required to have ignition interlock on his or her car varies according to previous offenses and restrictions. The first-time offender with a BAC above .15% will be required to have ignition interlock for one year. A second-time offender, who was previously restricted for one-year will be required to have ignition interlock for five years. A third-time offender who was previously restricted for five years will be required to have ignition interlock for no less than ten years.

The offender will be required to pay the cost of the ignition interlock rental, which is about $2 a day. A court may waive the requirement for ignition interlock if the device is not reasonably available in the local area.

Electronic Home Monitoring: In most cases, the court will require from 60 to 150 days of electronic home monitoring be added to the minimum sentence of repeat DUI offenders. The number of days required will be determined by the offender's BAC level upon arrest and the offender's previous DUI conviction record. The court may substitute 15 days of electronic home monitoring for the minimum one day in jail. Offenders pay for electronic home monitoring, which costs between $10 and $15 (or more) a day. Restrictions on alcohol consumption and requirements to take breath tests will be included in the conditions for home monitoring.

Cost and Consequences

Department of Licensing DUI Administrative Sanctions and Reinstatement Provisions. View the DUI Sentencing Grid. As Amended through July 2007.

The DUI Laws: Driving Under the Influence (DUI). You can be found guilty of DUI in two ways. The first is by a measurement of the level of alcohol in your blood. Your blood alcohol concentration (BAC) is the ratio of alcohol to blood and is measured by a test of your breath or blood. If your BAC meets or exceeds .08% you can be found guilty without further evidence of impairment.

The second way you can be found guilty of DUI is if you are under the influence of or affected by alcohol or any drug, or any combination. This applies to any illegal drug or legal drug, including all over-the-counter drugs and prescribed drugs that might impair your ability to drive.

Implied Consent: If you operate a motor vehicle in this state, then you have already given consent to have your breath or blood tested if an officer has reasonable cause to believe that you have been driving under the influence of alcohol or drugs. This is Washington's Implied Consent law. Therefore, if you refuse to take the test, your license will be revoked. The period of revocation ranges from one year for a first-time offender to up to four years for certain repeat offenders.

Administrative License Suspension: If the results of your BAC test are over .02% and you are a minor, or over .08% and you are an adult, your driver's license will be suspended. Effective January 1, 1999 the Department of Licensing will suspend your driver's license even on your first DUI incident regardless of the outcome of any criminal charges filed. These administrative sanctions are imposed in addition to any license suspension or revocation period ordered by the Court following a criminal conviction. Suspensions range from 90 days for a first incident to three years for certain repeat offenders.

Vehicle Impound: If you are charged with driving while your license or privilege to drive is suspended or revoked, your vehicle could be impounded for up to 90 days and until all costs, fees, and court fines are paid. The vehicle may be released to your spouse upon showing economic or personal hardship.

Zero-Tolerance for Minors: If you are under age 21 your driver's license will be suspended if you are driving with even a small amount of alcohol in your system. A BAC of .02% will result in a driver's license suspension for 90 days on your first incident. On your second incident, your driver's license will be revoked for one year or until age 21...whichever is longest. It takes about one glass of beer to get to a .02% BAC, for some people even less. Minors are also subject to the same .08% DUI laws as adults are.

Suspended versus Revoked: When your driver's license is suspended, you may be reissued a license after the suspension period. When your driver's license is revoked, you must be retested before the license can be reissued. The fee for reissuing a driver's license is $150.

Report a Hazardous Driver: You can report a driver that you think might be impaired by calling 911. Report as much information as possible, including the make, model, color, and license number of the vehicle and its direction of travel. Do not attempt to pursue an impaired driver.

Other Laws

Vehicular Homicide and Assault: You can be charged with vehicular homicide or assault if you are a DUI driver involved in a collision where a victim dies within three years of the crash (homicide) or is seriously injured (assault). Penalties include up to life in prison, fines up to $20,000, and license revocation.

Negligent Driving in the First Degree: If you are a driver who has been drinking and displaying unsafe driving behavior, but do not have enough alcohol in your system to warrant a DUI you can still be charged with negligent driving in the first degree. If a DUI charge is amended to negligent driving it counts as a prior DUI in future sentencing options.

Open Container: Alcoholic beverages may not be consumed in a moving vehicle, nor may open containers of alcoholic beverages be carried within reach of drivers or passengers. An open container may be carried in the trunk or other non-passenger areas of a car.

Minor in Possession: If you are under age 21, it is unlawful to be in possession of alcohol. Possession is defined as having alcohol anywhere around you. You do not have to have had any alcohol to drink to be charged. You can be charged if there is alcohol in the car with you or if there is alcohol at a party you attend. The offense carries a maximum of 365 days in jail. If you are under age 18, the Department of Licensing will revoke your license for one year, or until age 17 - whichever is longer.

The Cost: Can you afford a DUI?

• Attorney - $500 to $ 5,000 or more for jury trial or appeal
• Fines and Court Fees - $685 to $ 8,125
• Civil Suits - unlimited
• Electronic Home Monitoring¹ - $150 to $2,250 or more
• License reissue fee - $150
• Ignition Interlock² - $730 to $2,800 or more
• Treatment - $1,200 to $10,000
• Insurance - A DUI can double your insurance rates
• Towing Charges - $50 to $150

  1 Electronic Home Monitoring (EHM): Electronic home monitoring will be added to the sentence of a repeat offender or can be used instead of jail time for some first-time offenders. Offenders pay for electronic home monitoring which costs between $10 and $15 (or even more) a day. Restrictions on alcohol consumption and mandatory breath tests would be included in the requirements for home monitoring.

  2 Ignition Interlock: An ignition interlock device attaches a breath-alcohol analyzer to a vehicle's ignition system. The driver is required to blow into the device before starting the car. If the device detects alcohol the engine will not start. Offenders pay for ignition interlock rental fees.

The Court Procedure

Arraignment: At the arraignment you will be advised of your rights and the charges against you. You are to enter a plea and you can obtain an alcohol and drug evaluation. You may wish to consult an attorney. If you cannot afford an attorney and you meet the court's low-income guidelines, the court will provide one for you. This is the time to tell the judge or an attorney if you think you may qualify for a deferred prosecution.

Deferred Prosecution: If your DUI was a result of an addiction to alcohol or other drugs you may qualify for a deferred prosecution, which puts the charges "on hold." You will be required to complete a two-year treatment program, attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. Installation of an ignition interlock device on all vehicles that you drive is also a typical requirement. If you comply with all of the court's requirements over a five-year period, the DUI will be dismissed, however the deferred prosecution stays on your permanent record. If you fail to comply with the court's requirements, the court will hold a brief trial using only the police report, and a conviction will be entered. Only one deferred prosecution on a traffic offense is allowed in a person's lifetime.

Trial: If you plead not guilty to the DUI charge there will be a trial. If you plead guilty, a judge will sentence you without a trial.