COURT - DUI Sentencing Grid (RCW 46.61.5055 as amended through June 10, 2004)

“Prior Offense” includes the following: (as defined in RCW 46.61.5055)

Original Convictions for the following:

    (1) DUI (RCW 46.61.502) (or an equivalent local ordinance)

    (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance)

    (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence

    (4) Equiv. out-of-state statute for any of the above offenses

Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)♦

    (1) Neg. Driving 1st (RCW 46.61.5249)

    (2) Reckless Driving (RCW 46.61.500)

    (3) Reckless Endangerment (RCW 9A.36.050)

    (4) Equiv. out-of-state or local ordinance for the above offenses

Deferred Prosecution Granted for the following:

    (1) DUI (RCW 46.61.502) (or equivalent local ordinance)

    (2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance)

    (3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522)

“Within seven years” means that the arrest for a prior offense(s) occurred within seven years of the arrest for the current offense. (as defined in RCW 46.61.5055)

Alcohol Concentration Less Than .15 or No Test Result

No Prior Offenses Within Past Seven Years

One Prior Offense Within Past

Seven Years

Two or More Prior Offenses Within Past Seven Years

Jail Time***

1-365 Days (24 consecutive hours non-suspendable)

30-365 Days (30 days non-suspendable)

90-365 Days (90 days non-suspendable)

Electronic Home Monitoring*

In Lieu of Mandatory Minimum Jail Time, Not Less Than 15 Days

60 Days

120 Days

Fine

$350-$5,000 ($823 total minimum fine w/statutory assessments****)

$500-$5,000 ($1,078 total minimum fine w/statutory assessments****)

$1,000-$5,000 ($1,928 total minimum fine w/statutory assessment****)

Driver's License

90 Day Suspension

Two Year Revocation

Three Year Revocation

Ignition Interlock Device

DOL Shall Require **

DOL Shall Require **

DOL Shall Require **

Alcohol/Drug Ed. or Treatment

As Determined by the Court

As Determined by the Court

As Determined by the Court

Alcohol Concentration at Least .15 or Greater or Test Refusal

No Prior Offenses Within Past Seven Years

One Prior Offense Within Past Seven Years

Two or More Prior Offenses Within Past Seven Years

Jail Time***

2-365 Days (2 consecutive mandatory)

45-365 Days (45 days mandatory)

120-365 Days (120 days mandatory)

Electronic Home Monitoring*

In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days

90 Days

150 Days

Fine

$500-$5,000 ($1,078 total minimum fine w/statutory assessments****)

$750-$5,000 ($1,503 total minimum fine w/statutory assessments****)

$1,500-$5,000 ($2,778 total minimum fine w/statutory assessments****)

Driver's License

1 Year Revocation (2 years if BAC refused; Chapter 95,Laws 2004)

2 Year Revocation (3 years if BAC refused; Chapter 95,Laws 2004)

4 Year Revocation

Ignition Interlock Device

DOL Shall Require **

DOL Shall Require **

DOL Shall Require **

Alcohol/Drug Ed. or Treatment

As Determined by the Court

As Determined by the Court

As Determined by the Court