Law Offices of David G. Arganian, Seattle, WA

DUI Sentencing Grids
Department of Licensing's 1999 DUI Sentencing Grid

    1999 DUI Administrative Sanctions and Reinstatement Provisions

    (NEW! Admin. License Susp. For 1st Incident) as amended by Ch. 207, 209, 212 and 213 of the Laws of 1998

    COURT - 1999 DUI Sentencing Grid (NEW! per se level .08) as amended by Ch. 206, 207, 210, 213, 214 Laws of 1998

    "Prior Offense" includes the following:
    (as defined in RCW 46.61.5055 as amended by Ch. 211 and 214 Laws of 1998)

    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 previously 46.61.525.1)

    (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 previously 46.61.525.1, 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 as amended by Ch. 207, Laws of 1998.)
    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 ($685 total minimum fine w/statutory assessments) $500-$5,000 ($925 total minimum fine w/statutory assessments) $1,000-$5,000 ($1,725 total minimum fine w/statutory assessments)
    Driver's License 90 Day Suspension Two Year Revocation Three Year Revocation
    Ignition Interlock Device Length Determined By Court** Not Less Than One Year** Not Less Than One Year**
    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 days non-suspendable) 45-365 Days (45 days non-suspendable) 120-365 Days (120 days non-suspendable)
    Electronic Home Monitoring * In Lieu of Mandatory Minimum Jail Time, Not Less Than 30 Days 90 Days 150 Days
    Fine $500-$5,000 ($925 total minimum fine w/statutory assessments) $750-$5,000 ($1,325 total minimum fine w/statutory assessments) $1,500-$5,000 ($2,525 total minimum fine w/statutory assessments)
    Driver's License One Year Revocation 900 Day Revocation Four Year Revocation
    Ignition Interlock Device Not Less Than One Year** Not Less Than One Year** Not Less Than One Year**
    Alcohol/Drug Ed. or Treatment As Determined By The Court As Determined By The Court As Determined By The Court

    *Electronic Home Monitoring: For first time offenders, the electronic home monitoring option in lieu of the mandatory minimum jail time is effective June 11, 1998.

    **Ignition Interlock: For a person previously ordered to install ignition interlock under RCW 46.20.720(3)(a) not less than 5 years, for a person previously ordered to install ignition interlock under RCW 46.20.720(3)(b) not less than 10 years. Note RCW 46.20.720(3)(a) and 46.20.720(3)(b) are effective January 1, 1999.

    ***Mandatory conditions of probation if any jail time is suspended: (Court's jurisdiction extended to five years if it imposes less than one year in jail - RCW 46.61.5055 as amended by Ch. 206, Laws of 1998, effective June 11, 1998)

    (i) The individual is not to drive a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future,

    (ii) the individual is not to drive a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving,

    (iii) the individual is not to refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.

    ADMINISTRATIVE SANCTIONS

    REFUSED TEST
    First Refusal Within 7 Years And No Prior Administrative Action Within Past 7 Years Second or Subsequent Refusal Within Past 7 Years OR First Refusal And At Least One Prior Administrative Action Within Past 7 Years
    (Suspension consecutive to any court ordered suspension)
    Adult

    One Year License Revocation Two Year License Revocation
    Minor One Year License Revocation Two Year License Revocation Or Until Age Twenty-One Whichever Is Longer
    ALCOHOL CONCENTRATION TEST RESULT

    First Administrative Action

    Second or Subsequent Administrative Action

    Adults With 0.08 or Greater

    90 Day License Suspension Two Year License Revocation
    Minors With 0.02 or Greater 90 Day License Suspension One Year License Revocation Or Until Age Twenty-One Whichever Is Longer

    Note:   An individual convicted of DUI or physical control will have his/her driving privilege placed in probationary status for five years from the date he/she is eligible to reinstate his/her driver's license. An individual granted a deferred prosecution under RCW 10.05.060 will have his/her driving privilege placed on probationary status for five years from the date of the incident, which was the basis for the deferred prosecution.

    REQUIREMENTS FOR REINSTATEMENT OF DRIVING PRIVILEGE
    Suspended License*
    Revoked License*

    • File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW
    • Pay $150 driver's license reissue fee
    • Driver's ability test NOT required
    • File and maintain proof of financial responsibility for the future with the Department of Licensing as provided in chapter 46.29 RCW
    • Pay $150 driver's license reissue fee
    • Satisfactorily complete a driver's ability test

    * If suspension or revocation is the result of a criminal conviction, the driver must also show proof of either (1) enrollment and satisfactory participation in an approved alcohol treatment program or (2) completion of an alcohol information school, as determined by the court and/or treatment agency.

    Copyright © 1998 State of Washington Office of the Administrator for the Courts. All Rights Reserved.
    Sentencing Grid Effective January 1, 1999



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