Washington DUI Sentencing Calculator

Question 1

How is Washington DUI sentencing determined?

Accepted Answer

Washington DUI sentencing is determined by several key factors based on the official DUI Sentencing Grid:

Prior Offenses: Number of DUI or related convictions within 7 years (0, 1, or 2+)
BAC Level: Whether your Blood Alcohol Concentration was below or above 0.15, or if you refused testing
Enhancements: Whether a passenger under 16 years old was present
Test Refusal: Refusing a breath or blood test increases license suspension/revocation periods

Each combination of these factors corresponds to specific mandatory minimum and maximum penalties for jail time, fines, electronic home monitoring (EHM), license action, and ignition interlock device (IID) requirements. The court has discretion within these ranges, and plea agreements may affect final sentencing.

Additional factors like treatment completion, victim impact panel attendance, and probation supervision may also be ordered by the court.

Question 2

What is the minimum jail time for a first DUI in Washington State?

Accepted Answer

For a first DUI offense (no prior offenses within 7 years) in Washington State, the mandatory minimum jail time depends on your BAC level:

BAC < 0.15: 1 day (24 consecutive hours) minimum jail time
BAC ≥ 0.15 or Test Refusal: 2 days (48 consecutive hours) minimum jail time

However, there are alternatives to jail time for first offenders:

15 days of Electronic Home Monitoring (EHM) can replace jail for BAC < 0.15
30 days of EHM can replace jail for BAC ≥ 0.15 or refusal
90-120 days of 24/7 Sobriety Program (if available in your jurisdiction)

If a passenger under 16 years old was present, add 1 additional day to these minimums. The maximum jail time for any DUI is 364 days (gross misdemeanor).

These are statutory minimums and may not be reduced. Always consult with a DUI attorney about available alternatives in your case.

Question 3

Can Electronic Home Monitoring (EHM) replace mandatory jail time?

Accepted Answer

Whether EHM can replace mandatory jail time depends on your prior offense history:

No Prior Offenses (First DUI):

Yes, EHM can fully replace the minimum jail time:

BAC < 0.15: 15 days EHM replaces 1 day jail
BAC ≥ 0.15 or Refusal: 30 days EHM replaces 2 days jail
Alternative: 90-120 days of 24/7 Sobriety Program may also be available

1 Prior Offense:

EHM is mandatory but there are alternatives to some jail time:

60-90 days mandatory EHM
OR 180 days EHM / 120 days 24/7 Sobriety Program may substitute
Some jail time may still be required depending on circumstances

2 Prior Offenses:

No, EHM cannot replace jail time. Both are required:

Mandatory EHM: 120-150 days
PLUS mandatory minimum jail time: 8-10 days (depending on BAC)
Both penalties must be served

The exact application depends on court discretion, jurisdiction-specific programs, and your specific case circumstances. Consult with a DUI attorney about available alternatives.

Question 4

What is the difference between license suspension and revocation?

Accepted Answer

Washington State uses both license suspension and revocation for DUI offenses, and they have important differences:

License Suspension:

Temporary removal of driving privileges for a set period
Your license remains valid but is held by the Department of Licensing (DOL)
After the suspension period, you can reinstate your license by meeting requirements (fees, SR-22 insurance, IID installation)
Example: First DUI with BAC < 0.15 results in 90-day suspension

License Revocation:

Complete cancellation of your driver's license
Your license is terminated, not just held temporarily
After the revocation period, you must reapply for a new license, pass tests, and meet all requirements
Example: First DUI with BAC ≥ 0.15 results in 1-year (or 2-year if test refused) revocation

Key Points:

Revocation is more serious and harder to reinstate than suspension
Test refusal typically increases the revocation period significantly
All DUI cases require Ignition Interlock Device (IID) installation upon reinstatement
DOL may impose additional requirements beyond the statutory minimum periods

For complete information about license reinstatement, visit the Washington State Department of Licensing.

Question 5

What is an Ignition Interlock Device (IID) and how long is it required?

Accepted Answer

An Ignition Interlock Device (IID) is a breath alcohol testing device connected to your vehicle's ignition system. You must blow into it to start the car, and periodically while driving, to ensure you're not under the influence.

IID Requirements by Offense:

Prior Offenses	BAC < 0.15	BAC ≥ 0.15 / Refusal
0 (First DUI)	12 months	18 months
1 Prior	12 months	18 months
2+ Priors	12 months	18 months

Passenger Under 16 Enhancement:

If a passenger under 16 was present, add 12 months (BAC < 0.15) or 18 months (BAC ≥ 0.15/Refusal) to the base requirement
Example: First DUI with BAC 0.18 and child passenger = 18 + 18 = 36 months IID

Important Notes:

IID is required by the Department of Licensing (DOL) for all DUI convictions
You must pay for installation, monthly monitoring fees, and removal
Violations (attempting to start with alcohol, tampering, missed appointments) may extend the IID period
You cannot legally drive without IID during the required period
IID must remain for the full period before full license reinstatement

Work with an approved IID vendor and maintain all documentation for DOL compliance.

Question 6

How does having a passenger under 16 affect my DUI sentencing?

Accepted Answer

Having a passenger under 16 years old in your vehicle at the time of a DUI offense is a serious sentencing enhancement that significantly increases penalties across all categories:

Enhanced Penalties:

Jail Time: Adds 1-10 days to mandatory minimum (1 day for first offense, 5 days for 1 prior, 10 days for 2+ priors)
Fines: Increases mandatory minimum fines to $1,000-$3,000 (depending on priors); maximum may increase to $10,000 for repeat offenders
IID (Ignition Interlock Device): Adds 12 months (BAC < 0.15) or 18 months (BAC ≥ 0.15/Refusal) to base IID requirement

Example Comparison:

Penalty	Without Child	With Passenger Under 16
Jail (First, BAC < 0.15)	1 day (24 hours)	2 days (48 hours)
Minimum Fine	$990.50	$1,000.00
IID (BAC < 0.15)	12 months	24 months

Important Legal Notes:

The enhancement must be specifically charged in your case to apply
The prosecution must prove a passenger under 16 was present
This enhancement applies regardless of your relationship to the child
The penalties are in addition to all standard DUI penalties
You may also face child endangerment charges separately (RCW 9A.42.100)

If you're facing a DUI with this enhancement, consult immediately with a qualified DUI attorney, as the stakes are significantly higher.

Question 7

What is the 24/7 Sobriety Program in Washington State?

Accepted Answer

The 24/7 Sobriety Program is an intensive alcohol monitoring program that can serve as an alternative to jail time or Electronic Home Monitoring (EHM) for certain DUI offenders in Washington State.

How It Works:

Participants must test for alcohol twice daily (morning and evening) at a monitoring location
Tests are typically breath tests but may include other methods
Participants must remain alcohol-free throughout the entire program period
Any failed or missed test results in immediate consequences (jail time, sanctions)

Program Length as Jail Alternative:

DUI Status	Program Length
First DUI, BAC < 0.15	90 days (replaces 1 day jail)
First DUI, BAC ≥ 0.15/Refusal	120 days (replaces 2 days jail)
1 Prior Offense	120 days (may replace EHM requirement)
2+ Prior Offenses	Limited availability; may be used with EHM/jail

Advantages:

Avoids jail time and home confinement
Allows you to continue working and maintain daily life
May be combined with other alternatives (EHM, IID)
Demonstrates commitment to sobriety to the court

Important Limitations:

Not available in all Washington counties or jurisdictions
Requires court approval and prosecutor agreement
Strict compliance required; any violation results in jail time
Participants pay program fees (typically less than EHM costs)
Must be able to report twice daily to a testing location

Ask your attorney whether 24/7 Sobriety is available in your jurisdiction and appropriate for your case. It's an excellent option when available, but requires absolute commitment and compliance.

Question 8

What are the RCW sources for Washington DUI laws?

Accepted Answer

Washington DUI laws are primarily codified in the Revised Code of Washington (RCW) under Title 46 (Motor Vehicles). Here are the key statutory references:

Primary DUI Statutes:

License Action & IID:

Enhancements & Related Offenses:

RCW 9A.42.100 - Endangerment with Controlled Substance (child endangerment)
RCW 46.61.520 - Vehicular Homicide (DUI causing death)
RCW 46.61.522 - Vehicular Assault (DUI causing injury)

Official Resources:

Washington State Courts - DUI Sentencing Grid
Washington DOL - DUI Information

Always verify current law with an attorney, as statutes are periodically amended by the Washington State Legislature.

Estimate Jail Time, Fines, EHM, License Action & IID

Legal Disclaimer

DUI (Driving Under the Influence)

Sentencing Enhancements & Considerations

Official DUI Sentencing Grids

Definitions & Important Information

Prior Offense Definition

Electronic Home Monitoring (EHM)

24/7 Sobriety Program

Ignition Interlock Device (IID)

DOL License Suspension/Revocation

Important Disclaimers

Frequently Asked Questions

How is Washington DUI sentencing determined?

What is the minimum jail time for a first DUI in Washington State?

Can Electronic Home Monitoring (EHM) replace mandatory jail time?

What is the difference between license suspension and revocation?

What is an Ignition Interlock Device (IID) and how long is it required?

How does having a passenger under 16 affect my DUI sentencing?

What is the 24/7 Sobriety Program in Washington State?

What are the RCW sources for Washington DUI laws?

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