What am I facing? Will I go to jail? If I spent the night in jail, will I go back to jail?
These are the most common questions we hear when a new client calls regarding a DUI charge. Understandably, everyone wants to know what their immediate future will like as they navigate the bumpy road of a DUI charge. While the unique facts of a client’s case really dictate the future, the chart below presents the standards that the State has set for guidelines.
The most relevant factor to consider is whether the client has ever been arrested for an alcohol-related driving offense in the past. This includes history in every state. The penalties for past violations greatly depend on the 7 year timeline. Basically, if you have been arrested in the previous 7 years for a DUI, regardless of whether it was reduced to a lesser charge, you will face tougher criminal and civil penalties. Below is a chart that breaks down some of those penalties.
If the blow is less than .15, or no test.
|BAC Result <.15 or No Test||No Prior Offenses*||One Prior Offense||Two Prior Offenses|
|Mandatory Jail Time:||24 consecutive hours||30 days||90 days|
|EHM or Jail Alternative:||15 days in lieu of jail||60 days mandatory||120 days mandatory|
|Mandatory Minumum Fine:||$990.50||$1,245.50||$2,095.50|
|Drivers License Sanction:||90 day suspension||2 year revocation||3 year revocation|
If the blow is over .15, or there is a test refusal.
|BAC Result > .15 or Test Refusal||No Prior Offenses*||One Prior Offense||Two Prior Offenses|
|Mandatory Jail Time:||48 consecutive hours||45 days||120 days|
|EHM or Jail Alternative:||30 days in lieu of jail||90 days mandatory||150 days mandatory|
|Mandatory Minimum Fine:||$1,245.50||$1,670.50||$2,945.50|
|Drivers License Sanction:||
1 year revocation,
2 years if BAC was refused
900 day revocation,
3 years is BAC was refused
|4 year revocation|
*No Prior Offenses means no prior offenses within the past seven years. The seven years are calculated from date of arrest to date of arrest.
There are other factors regarding your arrest that can impact additional enhancements. For example, if there is a previous order requiring an Ignition Interlock Device in place at the time you were arrested for a second (or more) DUI, you will be subject to a substantial time increase on your Ignition Interlock License (IIL). Additionally, if children were in your vehicle at the time of your arrest, there are time enhancements on your IIL. You will also need to consider the time and expense of alcohol treatment that is required after suspension due to conviction or a DOL sanction. In most cases, you will not be able to reinstate your license without proof of that alcohol treatment.
In addition to the above penalties, there is also a combination of fines, electronic home monitoring (EHM), probation, as well as a requirement for SR-22 insurance following your suspension. As you can see, DUIs come with some pretty hefty consequences and the Court is very serious about compliance.
It is important to remember that each case is unique. This chart is no substitute for legal advice. If you have been arrested for a DUI, you should contact an experienced attorney. Witt Law Group is a DUI and DWI defense law firm with offices in Bremerton and Gig Harbor Washington. Navigating the criminal and civil process can be very challenging and the consequences are significant. Don’t go about it alone. Feel free to reach out to us day or night for a free consultation. CLICK HERE to fill out our online contact form.