Driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs are referred to hereafter as DUI.
The maximum penalty is 365 days in jail and a $5,000 fine. The mandatory minimum depends upon your prior criminal history and the date of your violation, your driver’s license status and your breath/blood alcohol concentration (or refusal to take the test) at the time of the violation. See the chart on the reverse side.
If you take a breathalyzer and the reading is equal to or greater than a .08, or if you refuse to take a breathalyzer test, your driver’s license or privilege to have a driver’s license will be suspended by the Department of Licensing. The period of time also depends upon the above factors. Your license will not be automatically reissued. You must contact the Department of Licensing to apply for re-issuance. In addition, if you are convicted of a DUI offense, the Department of Licensing will again suspend your driver’s license or privilege to have a driver’s license. The period of time also depends upon the above factors. There are additional fees and requirements about which they can tell you. You may be eligible for an occupational license if it is a first offense, but not for the first 30 days of the suspension. You may check with the Department of Licensing regarding your eligibility and how to arrange for one.
If you are convicted you may be placed on probation for a period of five years. You will be required to:
- not drive without a valid license and insurance
- not drive with .08 or more alcohol in your system
- Not refuse to submit to a breath or blood test to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe that you were driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.
If you violate any of the above conditions during the period of probation, the court is required to order that you serve 30 days in jail in addition to any jail time you may have already served. Your driver’s license and/or your privilege to have a driver’s license will be suspended an additional 30 days for each violation.
The court may also impose other standard conditions including, but not limited to:
- installation of an ignition interlock on your motor vehicle
- requirement to have an alcohol/drug evaluation
- successful completion of all recommendations described in the evaluation
- law abiding behavior
- possession or consumption of no alcohol or drugs without a valid prescription
- Frequent no establishments primarily serving alcohol (taverns, lounges, bars, etc.)
- attend a victim’s impact panel
If this is your second charge within seven years, it is or may be a crime for you to transfer any interest you have in the car you were driving until the case is completed or for 60 days after conviction. If you are convicted, your car may be forfeited to the State (RCW 46.61.5058).