Washington DUI Sentencing Guidelines (RCW 46.61.5055)

If you have been convicted of DUI in Washington — whether after trial or through a plea agreement — it is critical to understand the sentencing structure you may face. Washington DUI penalties are governed primarily by RCW 46.61.5055.

DUI sentencing is generally divided into two tiers:

  • Cases involving a blood alcohol concentration (BAC) below 0.15%
  • Cases involving a BAC of 0.15% or higher, or refusal of a breath test

Higher BAC levels, prior offenses, and aggravating circumstances significantly increase penalties.

Penalties for BAC Below 0.15%

Even with a BAC under 0.15%, DUI carries mandatory minimum penalties.

  • First DUI: 24 hours to 364 days in jail, $940.50–$5,000 in fines, 90-day license suspension
  • Second DUI (within 7 years): 30 days to 364 days in jail, $1,195.50–$5,000 in fines, 2-year license revocation
  • Third or Fourth DUI: 90 days to 364 days in jail, $2,045.50–$5,000 in fines, 3-year license revocation

Minor Passenger Enhancement (Under 16)

If a passenger under age 16 was in the vehicle, additional penalties apply:

  • First DUI: +24 hours jail, minimum $1,000 fine
  • Second DUI: +5 days jail, minimum $2,000 fine
  • Third/Fourth DUI: +10 days jail, minimum $3,000 fine

Electronic Home Monitoring (EHM)

In some cases, jail may be partially converted to electronic home monitoring:

  • First DUI: 15 days EHM
  • Second DUI: 60 days EHM + 4 days jail minimum
  • Third/Fourth DUI: 120 days EHM + 8 days jail minimum

The Washington Department of Licensing (DOL) determines ignition interlock requirements. If a minor was present, the interlock period increases by six months.

Penalties for BAC 0.15% or Higher (or Test Refusal)

Higher BAC levels and breath test refusals carry harsher mandatory minimums.

  • First DUI: 48 hours to 364 days jail, $1,195.50–$5,000 fines, 1-year license revocation (2 years if refusal)
  • Second DUI: 45 days to 364 days jail, $1,620–$5,000 fines, 900-day revocation (3 years if refusal)
  • Third/Fourth DUI: 120 days to 364 days jail, $2,895.50–$5,000 fines, 4-year revocation

Electronic Home Monitoring (Higher Tier)

  • First DUI: 30 days EHM
  • Second DUI: 90 days EHM + 6 days jail minimum
  • Third/Fourth DUI: 150 days EHM + 10 days jail minimum

Substance Abuse Treatment & Court-Ordered Programs

Judges may also order alcohol or substance abuse evaluations and treatment programs. These are often required in addition to jail, fines, probation, and license consequences.

Every DUI case is fact-specific. Prior convictions, breath test issues, accident involvement, and child passenger enhancements can dramatically change sentencing exposure.

Protect Yourself Before Sentencing

DUI sentencing is complex and highly technical. The outcome often depends on negotiation strategy, mitigation evidence, and legal challenges raised before conviction.

Attorney Steve Karimi is a former prosecutor who understands how DUI sentencing decisions are made and how to position clients for the best possible outcome.

If you are facing DUI charges in Seattle, call 206-222-3280 for a free consultation. Available 24/7.