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Washington DUI Information

"Per Se" BAC Level: 0.8
"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:.15
"Implied Consent" Law: yes

Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :90d/ 2y/ 3y
Mandatory Alcohol Education and Treatment/Assessment: Both
Vehicle Confiscation Possible?: 2nd offense
Ignition Interlock Device Possible?: Yes

First DUI Offense/ no prior DUI offense in the last 7 years and breath test under .15% or no breath test but not a refusal.

• One day in jail minimum, one year maximum OR 15 days Electronic Home Detection
• $823 total minimum fine, up to $5,000 fine
• 90 day license suspension
• SR-22 Proof of Insurance
• Probationary license for 5 years after reinstatement
• Up to five years monitored probation
• Ignition interlock may be ordered by the court (Min. time not specified) up to 5 years
• Alcohol evaluation and treatment as determined by the court (up to two years)
• Probation monitoring (and fees) for up to five years

First DUI Offense/ no prior DUI offense in the last 7 years and breath test .15% or higher or refusal to take breath test.

• 2 days in jail minimum, 1 year maximum OR 30 days Electronic Home Detention
• $1078 total minimum, up to $5,000 fine
• One year license revocation
• SR-22 Insurance
• Probationary License for 5 years after reinstatement
• Up to five years monitored probation
• Ignition interlock not less than one year
• Alcohol evaluation and treatment as determined by the court (up to 2 years)
• Probation monitoring (and fees) for up to 5 years

One prior DUI Offense in the last 7 years and breath test under .15% or no breath test but not a refusal.

• 30 days in jail minimum, one year maximum, PLUS 60 days Electronic Home Detention
• $1078 total minimum, up to $5,000 fine
• Two year license revocation
• Driving and knowledge exams
• SR-22 Insurance
• Probationary license for 5 years after reinstatement
• Up to five years monitored probation
• Ignition interlock for one year (if no previous interlock)
• Alcohol evaluation and treatment as determined by the court (up to two years)
• Probation monitoring (and fees) for up to five years

One prior DUI Offense in the last 7 years and breath test .15% or higher or refusal to take breath test.

• 45 days in jail minimum, one year maximum, PLUS 90 days Electronic Home Detention
• $1,503 total minimum, up to $5,000 fine
• 900 day license revocation
• Driving and knowledge exam
• SR-22 Insurance
• Probationary license for 5 years
• Up to five years monitored probation
• Ignition interlock not less than one year (if no previous interlock)
• Alcohol evaluation and treatment as determined by the court (up to two years)
• Probation monitoring (and fees) for up to five years

Two Prior DUI Offenses in the last 7 years and breathe test under .15% or no breath test but not a refusal.

• 90 days in jail minimum, 1 year maximum, PLUS 120 days Electronic Home Detention
• $1,928 total minimum, up to $5,000 fine
• Three year license revocation
• Driving and knowledge exams
• SR-22 Insurance
• Probationary license for 5 years after reinstatement
• Up to five years monitored probation
• Ignition interlock for 1 year if no previous interlock, 5 years if a previous interlock, 10 years if two previous interlocks
• Alcohol evaluation and treatment as determined by the court (up to two years)
• Probation monitoring (and fees) for up to five years

Two Prior DUI Offenses in the last 7 years and breath test .15% or higher or refusal to take breath test.

• 120 days in jail minimum, 1 year maximum, 150 days Electronic Home Detention
• $2,778 total minimum, up to $5,000 fine
• Four year license revocation
• Driving and knowledge exams
• SR-22 Insurance
• Probationary license for 5 years
• Up to 5 years monitored probation
• Ignition interlock not less than 1 year if no previous interlock, 5 years if a previous interlock; 10 years if two previous interlocks
• Alcohol evaluation and treatment as determined by the court (up to 2 years)
• Probation monitoring (and fees) for up to 5 years

DMV Penalties
Breath Test .08 or Higher
90 day license suspension.
Two year license revocation if second or subsequent administrative action within seven years.

• License is marked for 60 days.
• 30 days to request hearing
• $100 hearing fee unless indigent
• Hearing within 60 days of arrest
• $150 reissue fee
• SR-22 Insurance required 3 years thereafter
• Occupational/Restricted License is available after 30 days on first offense, one year on second and subsequent DUI's

Refusal To Take A Breath Test
One year license revocation if refused the test and no prior administrative actions within seven years.
Two year license revocation if second or subsequent administrative action (refusal or breath test over legal limit) within seven years.

• License is marked for 60 days
• 30 days to request hearing
• $100 hearing fee
• Hearing within 60 days of arrest
• $150 reissue fee
• SR-22 Insurance required 3 years thereafter
• One year license revocation even if driver enters into a deferred prosecution
• Occupational/Restricted License is available after 90 days on first offense, one year on second and subsequent DUI's

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