MINIMUM PENALTIES - DUI CONVICTION: IMPOSED BY COURT
1. First Offense:
| 1.
Breath test of .14 or less: |
1
day jail*, $685 in fines, license suspended 90 days
|
2.
Breath test of .15 or higher,
or refused to take test: |
2
days jail*, $835 in fines, one year license
revocation, mandatory ignition interlock - one year minimum. |
*In lieu of jail, one may chose home detention with electronic monitoring.
This allows school or work release privileges. 1 day jail = 15 days home
detention. Home detention costs $15 to $20 a day.
2. Second Offense (in 7 years):
| 1.
Breath test of .14 or less: |
30
days jail, 60 days electronic home monitoring, $925 in fines, 2 year
license revocation, mandatory ignition interlock
|
2.
Breath test of .15 or higher,
or refused to take test: |
45
days jail, 90 days electronic home monitoring, $1,175 in fines,
license revocation 900 days, mandatory ignition interlock |
3. Third Offense (in 7 years):
| 1.
Breath test of .14 or less: |
90
days jail, 120 days electronic home monitoring, $1,725 in fines, 3
year license revocation, mandatory ignition interlock
|
2.
Breath test of .15 or higher,
or refused to take test: |
120
days jail, 150 days electronic home detention, $2,525 in fines, 4
year license revocation, mandatory ignition interlock |
4. DWS & DUI:
If license suspended at the time of DUI arrest, even if it is 1st time DUI, 90 days jail.
5. Probation Violation:
30 days jail, 30 day license suspension plus whatever penalty imposed if
violation = crime, i.e., DUI.
6. Ignition Interlock:
Where a person is convicted of DUI with a blood alcohol content (BAC) of .15
or more, the DUI is the person's second or subsequent DUI, or the person refused
the Breathalyzer test, the court must order the person to drive only a vehicle
equipped with an ignition interlock device.
PLEASE NOTE: The foregoing sets forth the minimum jail sentence and monetary fine.
Upon any DUI conviction, a judge may impose up to 365 days in jail
and a $5,000 fine. Usually, a substantial jail sentence is imposed, with
all but the mandatory minimum suspended. The suspended jail time
may be imposed at a later date if the defendant fails to comply with the
sentence.
ADMINISTRATIVE LICENSE SUSPENSION
Any person arrested for DUI or physical control who has an alcohol concentration of .08 or higher,
will be served with a notice of intent to suspend his license or to issue a probationary license. If the
driver has not previously been convicted of DUI and is not then driving on a probationary license, he
will receive a probationary license. If the driver has previously been convicted of DUI, his license will
be revoked for two years. To summarize:
1. .08 or more: If 1st time DUI = 90 days suspension
2. .08 or more: 2nd time DUI = 2 years revocation
3. Refusal: 1 year license revocation
4. Second Refusal: 2 year license revocation
THE ADMINISTRATIVE LICENSE SUSPENSION IS INITIATED BY THE
DEPARTMENT OF LICENSING, NOT THE COURT OR THE PROSECUTOR.
THE ADMINISTRATIVE SUSPENSION IS A SEPARATE PROCEEDING AND
OCCURS WHETHER OR NOT ONE IS CONVICTED OF DUI. HOWEVER, IF
ONE ENTERS THE DEFERRED PROSECUTION PROGRAM, DESCRIBED
BELOW, IT STAYS ENFORCEMENT OF THE ADMINISTRATIVE SUSPENSION.
TIMING OF LICENSE SUSPENSION
1. Entry into the deferred prosecution - see page 6 - avoids license suspension.
2. Absent entry into the deferred prosecution program, the license suspension
initiated by the Department of Licensing commences 60 days after arrest.
3. Absent entry into the deferred prosecution program, the license suspension
imposed by the court following conviction commences at sentencing.
Therefore, if one is going to have their license suspended, it is important to coordinate the
Department of Licensing initiated suspension with the court imposed suspension so that
they run concurrent. Otherwise, one might have their license suspended at an earlier date
upon a guilty plea which would then be followed by an additional period of suspension
initiated by the Department of Licensing which would commence 60 days following arrest.
YOUTHFUL OFFENDERS
A driver under the age of 21 is subject to administrative revocation of his license if he is
driving or in physical control, stopped and a breath test discloses an alcohol concentration of
.02 or more. Thus, anyone under the age of 21 is faced with the prospect of license
revocation if he drives or is in physical control following the consumption of even one or two
beers, even though he is not convicted or even charged with DUI. Likewise, anyone under
18 who is caught with alcohol - whether they are driving or not, faces a 90 license suspension.
Minors - Marijuana or Drug Paraphernalia Conviction
Any person under the age of 21, convicted of possession of marijuana or possession of drug
paraphernalia, regardless of whether they were in a vehicle at the time of the offense faces a 90 day
license suspension as a result of the criminal conviction. The following chart summarizes these license
suspensions for minors for non-DUI offenses.
LICENSE
SUSPENSION - UNDER 21
Age Act License Impact Authority
- RCW
(first offense)
|
Under 21 |
Driving or physical control
after consuming
alcohol (.02) |
90 days suspension by DOL -Administrative proceeding |
46.61.503
46.20.308 |
|
Under 21 |
Possession of Marijuana or Drug Paraphernalia |
90 day suspension as a result of criminal conviction (plus
mandatory minimum 1 day in jail and $475 fine) |
46.20.265, 69.50.420, 69.50.401.412 and 69.50.425 |
|
Under 18 |
MIP anywhere |
90 days (or until 90 days after turning 16 if offense committed
prior to 16th birthday). May be a result of a criminal conviction for
66.44.270 (usually non-vehicle offense) or may be imposed in
administrative proceeding per 46.20.308 if in vehicle. |
46.20.265, 13.40.265, 66.44.270 |
|
Under 18 |
Illegal possession of firearm involving a motor vehicle |
90 days imposed as a result of conviction |
46.20.265
13.40.265, 9.41.040 |
License Reinstatement
At the end of any period of suspension,
one does not automatically have their
license or privilege to drive reinstated.
To reinstate, one must:
1. Pay a reinstatement fee (now $150)
2. File proof of liability insurance. This is the hidden cost of a DUI or MIP. Insurance will be
very costly because of the suspension or conviction. It is common to see rates triple.
3. You must have completed your alcohol evaluation and 60 days of treatment if treatment is
required.
If you have a license from another state, your home state will be notified of the conviction and take
action. For example, Idaho residents who are convicted of a DUI in Washington ultimately have their
Idaho license suspended for six months. Oregon has a similar provision.
PARENTS PLEASE NOTE: In most situations, you are liable for any damages caused by your children
when driving (the "family car doctrine"). Thus, you assume substantial risk if you allow your child to
reinstate his/her driving privilege with only minimum insurance coverage.
Occupational Permit
A first time offender is eligible to receive an occupational permit 30 days after the suspension period
commences. This permit allows one to drive for necessary work purposes. Before the permit can be
obtained one must file proof of insurance and have complied with the alcohol evaluation/treatment.
IF YOU REFUSE THE BREATH TEST: A ONE-YEAR LICENSE SUSPENSION REGARDLESS
OF THE OUTCOME OF THE CRIMINAL PROCEEDING. NO OCCUPATIONAL PERMIT ALL
OWED.
COURT PROCEDURE
If you are charged with DUI, physical control or driving or physical control by a minor after consuming,
you will be ordered to appear in court personally within 24 hours of the arrest (by the end of the next
week day). If you are charged only with other offenses, your attorney can appear for you.
At your first appearance, the judge will explain the basic penalties, your legal rights and ask you how
you plead. If you plead guilty you will be immediately sentenced. If you plead not guilty, the judge will
schedule a pre-trial conference and a trial at a later date.
A trial date must occur within 90 days of the plea.
Continuance: If the trial date scheduled is inconvenient for you or any witnesses, it is possible to
have the case continued to a more convenient time.
Jury/Non Jury: You have a right to decide whether your case should be tried by a jury or not. If
you decide on a jury, it will be six in number. If you do not have a jury, the judge
decides your guilt or innocence.
Costs: It is quite expensive for the court to have a jury trial. However, those costs are not passed on
to the defendant regardless of ultimate guilt or innocence. If you choose to have a jury trial,
you will not be required to pay any additional court costs or fines.
LEGAL RIGHTS
DUI is a crime and therefore you have all the rights that a person charged with any crime has. Your are
presumed innocent--the burden is on the prosecution to prove beyond a reasonable doubt that you are
guilty. The officer must actually come to court and tell his story under oath, at which time he will be
cross-examined.
You may have witnesses testify on your behalf.
You have the right to remain silent - that is, the prosecution may not force you to testify. As a practical
matter it is very unlikely that a successful outcome can be obtained without your testimony. If you do
testify, you must tell the truth. To do otherwise would be a very serious crime of perjury.
You have the right to represent yourself. If you do not wish to do so, you have the right to be represented
by an attorney. That is an expense you must bear unless you are indigent. In that situation, the court may
appoint an attorney to represent you but if you are ultimately convicted, a condition of your sentence
would be to reimburse the county for the costs of your court-appointed lawyer.
WHAT MUST THE PROSECUTION PROVE?
In order to convict you of DUI or physical control the prosecution must prove beyond a reasonable doubt
one of two things: (1) that you either were driving or in physical control of a motor vehicle at a time your
Ability to drive was affected to an appreciable degree because you had consumed intoxicating liquor
And/or drugs; or (2) that within two hours of driving or physical control your blood alcohol level was
.08 or more.
The prosecution must prove beyond a reasonable doubt that the test was administered accurately and that
the results obtained were accurate. There are guidelines showing what blood alcohol levels should be,
Based upon one's weight and the number of drinks consumed. There are methods available to discredit
the breath test if the results obtained simply do not reconcile with the facts of your drinking. Nevertheless,
the test results are quite reliable and usually accepted as accurate.
DEFERRED PROSECUTION
In view of the ever increasing penalties for DUI and Whitman County's limited plea bargain policy, serious
consideration should be given to the deferred prosecution program. If convicted of DUI, recall that you
will be required to obtain an alcohol evaluation and comply with whatever treatment is recommended.
If the evaluation concludes that you are an alcoholic (which term covers a broad range of drinking
problems) you will be required to complete a two year treatment program.
If a person obtains an evaluation before entering a plea and if the evaluation recommends this two year
program, a person may enter into the treatment program. If a person successfully completes a two year
program, he or she is not convicted and avoid all penalties. You certainly do not want to be in the situation
of having to complete a two year treatment program plus incur the penalties of a conviction. If the
treatment is going to be required, you should agree to do it "up front" and avoid the conviction.
The treatment program is very strenuous. It involves attendance at an Alcoholics Anonymous meeting two
times a week for two years, coupled with intensive inpatient treatment or, more likely, intensive outpatient
reatment. For example, the typical program involves an eight week period during which you attend classes
three nights a week for three hours a night, followed by a 26 week period of once a week classes of 1½
hour a night, followed by one counseling session a month for the remainder of the two years.
A person who successfully completes the deferred prosecution program is not convicted and therefore
avoids all the penalties which a conviction would cause: no jail, license suspension, fine or criminal record.
The charge is dismissed not less than five years after entry of the deferred prosecution order and not less
than three years after the completion of treatment. It is likely that a deferred prosecution will not impact
insurance rates the way a conviction would.
A deferred prosecution program is time
consuming and strict compliance is required.
The costs vary with agencies - they typically
run about $2,700.00 over the two years.
Most health care insurance policies provide
coverage for a substantial portion of the cost. |
 |
If you decide to seek a deferred prosecution, we will assist you in obtaining an alcohol evaluation from an
approved agency. If the evaluation concludes that you suffer from an alcohol problem and will benefit from
treatment, we prepare a formal petition and go to court with you to seek approval from the judge. Prior to
this, you would fill out a document entitled Statement of Defendant which goes into great detail concerning
the legal ramifications of a deferred prosecution. In essence, you would agree that if you do not fulfill the
terms of the program, you will be brought back to court and found guilty.
Because the Department of Licensing will automatically suspend your license 60 days after your arrest,
absent a successful administrative hearing, it is important that you obtain the alcohol evaluation and that we
obtain the order deferring prosecution from the Court within that 60 day period.
Ignition Interlock: As a condition of granting a DUI-related deferred prosecution, the court must order
installation of an interlock device when the DUI involved a BAC of .15 or higher, the person refused the
Breathalyzer test, or it is the person's second or subsequent DUI.
The penalties for a person convicted of DUI after being revoked from the deferred prosecution program
are normally substantially greater than if he/she had plead guilty in the first place. So, one should not enter
into this program without being seriously committed to it.
Alcohol Evaluation and/or Treatment:
