Washington DUI Penalties
Washington state has some of the most strict DUI laws and penalties in the country. A DUI occurs anytime someone operates a motor vehicle while under the influence of alcohol or drugs, while he or she has a blood alcohol concentration (BAC) of 0.08 or higher or a THC (marijuana) concentration of 5.00 ng/ml or higher. This applies to both legal and illegal drugs, including prescription medication and over-the-counter drugs.
This means a DUI charge could be applied even if the defendant is under the legal limit if the State can prove that the person’s ability to drive was “affected to an appreciable degree.” This most commonly occurs when someone is in an accident after consuming alcohol but still records a breath test under the legal limit. If you’re in this situation, make sure you find the best DUI defense attorney. All Washington DUI convictions are required to have a minimum mandatory punishment.
Washington
DUI
What is the DUI Sentencing Grid
The DUI Sentencing Grid is a standardized chart that displays the minimum mandatory jail, fine and license sanctions that a DUI conviction can lead to. While every case has different outcomes, depending on the circumstances and evidence, this is a helpful tool to evaluate the potential outcomes of your DUI arrest.
It’s structured around two key factors:
Number of prior DUI-related offenses within 7 years
BAC level (below 0.15 vs. 0.15+ or test refusal)
Sentencing Grid Explained
The DUI Sentencing Grid uses four main categories, combined with case specific variables such as how many underage people were in the car, to quantify the potential jail, fine and license sanctions for a particular case. The four categories are:
- BAC Result < .15 or No Test Result
- No Prior Offense
- One Prior Offense
- Two Prior Offenses
BAC Impact on Sentencing
When it comes to DUI charges in Washington, blood alcohol concentration (BAC) is one of the most important factors influencing both the severity of penalties and how a case is handled in court. From determining whether you’re legally impaired to shaping sentencing outcomes, BAC plays a central role in every DUI case.
In Washington State:
0.08 BAC or higher = automatic DUI
Under 0.08 BAC = you can still be charged if impaired
Even if your BAC is below 0.08, law enforcement can still arrest you for DUI if there’s evidence of impairment, such as:
Erratic driving
Failed field sobriety tests
Involvement in an accident
BAC determines which category of the Washington DUI sentencing grid applies to your case.
BAC below 0.15 - standard penalties
BAC 0.15 or higher - enhanced penalties
Breath test refusal - treated similar to high BAC
First DUI Penalties
No Prior Offenses (within 7 years) AND BAC Under 0.15 (or no test result)
Jail: 1–364 days
Minimum: 24 consecutive hours
Alternative: 15 days electronic home monitoring (EHM)
Fine: $991 minimum up to $5,000
License: 90-day suspension
IID (ignition interlock): Required
No Prior Offenses AND BAC 0.15 or Higher (or breath test refusal)
Jail: 2–364 days
Minimum: 48 hours
Alternative: 30 days EHM
Fine: $1,195 minimum up to $5,000
License:
1-year revocation
2 years if refusal
Second DUI Penalties
One Prior Offense AND BAC Under 0.15 (or no test result)
Jail: 30–364 days
Minimum: 30 days
EHM: 60 days (minimum in addition to jail)
Fine: $1,245 minimum up to $5,000
License: 2-year revocation
IID: Required
One Prior Offense AND BAC 0.15 or Higher (or breath test refusal)
Jail: 45–364 days
Minimum: 45 days
EHM: 90 days
Fine: $1,670 minimum up to $5,000
License: 900 day revocation; 3 years if refusal
IID: Required
Two or More Priors AND BAC Under 0.15 (or no test result)
Jail: 90–364 days
Minimum: 90 days
EHM: 120 days
Fine: $2,095 minimum up to $5,000
License: 3-year revocation
IID: Required
Two or More Priors AND BAC 0.15 or Higher (or breath test refusal
Jail: 120–364 days
Minimum: 120 days
EHM: 150 days
Fine: $2,945 minimum up to $5,000
License: 4-year revocation
IID: Required
License Suspension
A DUI arrest in Washington State doesn’t just mean court penalties, it can immediately impact your ability to drive. License suspension (or revocation) is one of the most significant and immediate consequences of a DUI, often happening before your case is even resolved in court.
In Washington, there are two separate ways your license can be suspended after a DUI:
Administrative Suspension (DOL Action)
Handled by the Washington State Department of Licensing, this suspension:
Begins 30 days after arrest
Is triggered by:
Failing a breath test (0.08+ BAC)
Refusing a breath test
Is independent of your court case
You must request a hearing within 7 days of arrest or your license will automatically be suspended.
Court-Ordered Suspension
If you are convicted of DUI, the court will impose a separate license revocation, which may:
Run at the same time as the administrative suspension
Why Legal Help Matters
Understanding the circumstances of your court case and knowing the potential outcomes is crucial to creating a strategic plan to navigate the court systems in order to gain the most favorable outcome for you. At Note & Kidd we strive to show the courts and prosecution that our clients are motivated to succeed and unlikely to re-offend. For this reason, we usually advise our clients to obtain an alcohol and drug evaluation before the case resolves in court.
Many DUI clients of Note & Kidd avoid serving a jail sentence. Every DUI case is different and outcomes vary based upon the specifics of the case. The best possible outcome is a dismissal or a not guilty verdict at trial. Generally, the next best outcome is a reduction to a civil infraction such as negligent driving in the second degree.
At Note & Kidd, we understand the stress and anxiety of being accused of a crime. We know how high the stakes can be and the importance of the outcome of the case. We want our clients to understand the court process, legal obligations and most importantly, the strategy and tactics for their defense. We sincerely want the best for our clients.