Seattle DUI Penalties (Gross Misdemeanor & Felony)

Most DUI offenses in Washington are charged as gross misdemeanors under RCW 46.61.502 and 46.61.5055. However, penalties increase significantly based on:

  • Prior DUI convictions within 7 years
  • Whether the BAC was 0.15 or higher
  • Whether a breath or blood test was refused
  • Whether the case qualifies as a felony DUI

Washington DUI sentencing includes mandatory minimum penalties. Judges cannot suspend certain portions of jail time.

Gross Misdemeanor DUI Penalties (RCW 46.61.5055)

First DUI Within 7 Years

BAC Under 0.15:

  • Minimum 1 day to 364 days in jail
  • 24 consecutive hours mandatory (cannot be suspended)
  • $350 – $5,000 fine
  • 90-day license suspension

BAC 0.15 or Higher OR Test Refusal:

  • Minimum 2 days to 364 days in jail
  • 48 consecutive hours mandatory (cannot be suspended)
  • $500 – $5,000 fine
  • 1-year license suspension (2 years if test refusal)

Second DUI Within 7 Years

BAC Under 0.15:

  • 30 to 364 days in jail (30 days mandatory)
  • 60 days electronic home monitoring (or additional jail)
  • $500 – $5,000 fine
  • 2-year license suspension
  • Mandatory alcohol assessment and treatment

BAC 0.15 or Higher OR Test Refusal:

  • 45 to 364 days in jail (45 days mandatory)
  • 90 days electronic home monitoring (or additional jail)
  • $750 – $5,000 fine
  • 900-day suspension (3 years if refusal)
  • Mandatory alcohol assessment and treatment

Third or Fourth DUI Within 7 Years

BAC Under 0.15:

  • 90 to 364 days in jail (90 days mandatory)
  • 120 days electronic home monitoring (or additional jail)
  • $1,000 – $5,000 fine
  • Six months 24/7 sobriety monitoring
  • 3-year license suspension
  • Mandatory treatment program

BAC 0.15 or Higher OR Test Refusal:

  • 120 to 364 days in jail (120 days mandatory)
  • 150 days electronic home monitoring (or additional jail)
  • $1,000 – $5,000 fine
  • Six months 24/7 sobriety monitoring
  • 4-year license suspension
  • Mandatory treatment program

Note: Courts may allow electronic home monitoring in limited circumstances. Defendants are responsible for monitoring costs.

Felony DUI in Seattle

A DUI becomes a Class C felony if:

  • The defendant has four or more prior DUI-related convictions within 10 years; or
  • The defendant has a prior conviction for:
    • Vehicular homicide while DUI
    • Vehicular assault while DUI
    • Prior felony DUI
    • Comparable out-of-state felony DUI convictions

Class C Felony DUI Penalties

  • Up to 5 years in prison
  • Up to $10,000 fine
  • Community custody supervision
  • Extended license revocation

Felony DUI convictions carry long-term consequences including loss of firearm rights, voting complications (until restoration), and severe employment limitations.

Why Early Legal Action Matters

DUI penalties escalate quickly with prior history. In addition to criminal sentencing, a separate administrative license suspension process begins immediately after arrest.

Challenging the stop, testing procedures, and prior conviction classification can significantly impact sentencing exposure.

If you are facing DUI charges in Seattle, contact our office promptly to understand your options and protect your rights.