WASHINGTON STATE’S MANDATORY PENALTY SCHEDULE

The Washington State Legislature deems the crime of Driving Under the Influence severe enough requiring a mandatory minimum DUI penalty schedule.  Mandatory minimum DUI penalties are penalties that cannot be reduced by the sentencing judge.  The prosecuting attorney cannot recommend a sentence below the Mandatory minimum DUI penalties.  Your defense attorney cannot recommend a sentence below the Mandatory minimum DUI penalties. 

A first time offender is subject to mandatory incarceration, mandatory monetary  DUI penalties, and mandatory driver license suspension.  The first time offender will also be required to install an Ignition Interlock Device on their vehicle after license re-instatement.    

The mandatory minimum DUI penalty schedule considers all prior offenses within the past seven years from the arrest date of the current DUI charge.  Prior offenses include:

1.     any conviction for DUI, Physical Control, Vehicular Assault (DUI), or Vehicular Homicide (DUI);

2.     any conviction of Reckless Driving, Reckless Endangerment, or Negligent Driving in the First Degree that was amended from an original charge of Driving Under the Influence.

3.     Any deferred prosecution granted for a DUI or Physical Control charge.

Prior offenses will increase the mandatory minimum DUI penalties.  mandatory minimum DUI penalties are also increased if you provide an evidentiary breath sample of .15 or higher, or if you refuse to submit to the evidentiary breath test.  Above are links to graphs detailing the mandatory minimum DUI penalties for breath test and refusal DUIs.