Part one of this continuing article explored the mandatory sentencing term for jail and fines under Washington law for a Misdemeanor DUI conviction. Part II of this article will describe the non-jail and fine consequences of a Misdemeanor DUI conviction in Washington State. As a criminal defense attorney in Vancouver, Clark County, Washington, advising clients on these issues is a regular part of my practice practicing DUI defense in Southwest Washington and beyond. Now let’s look at them broken up by section.
Ignition Interlock Device
Washington courts are required to order a person convicted of DUI to comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person. Said another way, the client will be required to install an ignition interlock device in any vehicle they drive for a period time, depending on their DUI history. At a minimum it will be a one-year ignition interlock requirement, and more time if they have prior history.
If the court orders that a person refrain from consuming any alcohol, the court has to order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person’s system. The person must pay for the cost of the monitoring, unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court. The county or municipality where the penalty is being imposed shall determine the cost.
In any county or city where a 24/7 sobriety program is available and verified by the Washington association of sheriffs and police chiefs, the court is required to:
- Order the person to install and use a functioning ignition interlock or other device in lieu of such period of 24/7 sobriety program monitoring;
- Order the person to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of RCW 46.61.5055; or
- Order the person to install and use a functioning ignition interlock or other device in addition to a period of 24/7 sobriety program monitoring pursuant to (1) through (3) of RCW 46.61.5055.
Important Note: If a person who is convicted of DUI committed the offense while a passenger under the age of sixteen was in the vehicle, the court is required under law to order the use of an ignition interlock or other device for an additional six months, beyond the minimums required per the Washington Administrative Code.
Alcohol/Substance Abuse Assessment
A person convicted of DUI is required to be assessed for alcohol/substance abuse punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.
Driver’s License Suspensions
The license, permit, or nonresident privilege of a person convicted of DUI must be suspended as follows:
a. If the person’s alcohol concentration was less than 0.15, or if for reasons other than the person’s refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person’s alcohol concentration: for ninety days or until the person is evaluated by an alcoholism agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a ninety-day period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for fewer than two days;
b. If the person has one prior offense within seven years, his or her license to drive shall be revoked or denied by the department for two years or until the person is evaluated by an alcoholism agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a six-month period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for less than one year; or
c. If the person has two or more prior offenses within seven years, his or her license shall be revoked or denied by the department for three years;
If the person’s alcohol concentration at least 0.15. If the person’s alcohol concentration was at least 0.15: the driver’s license shall be revoked or denied by the department for one year or until the person is evaluated by an alcoholism agency or probation department pursuant to RCW 46.20.311 and the person completes or is enrolled in a one hundred twenty day period of 24/7 sobriety program monitoring. In no circumstances shall the license revocation be for fewer than four days;
a. If the person has one prior offense within seven years, his or her driver’s license shall be revoked or denied by the department for nine hundred days; or
b. If the person has two or more prior offenses within seven years, his or her driver’s license shall be revoked or denied by the department for four years; or
If by reason of the person’s refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person’s alcohol concentration:
a. If the person has no prior offenses within seven years, his or her driver’s license shall be revoked or denied by the department for two years;
b. If the person has one prior offense within seven years, his or her driver’s license shall be revoked or denied by the department for three years; or
c. If the person has one prior offense within seven years, his or her driver’s license shall be revoked or denied by the department for four years; or
Note: Washington law states that the Department of Licensing shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under this subsection for a suspension, revocation, or denial imposed under RCW 46.20.3101 (Implied Consent Hearing/Administrative Hearing) arising out of the same incident.
Note: That upon the Washington Department of Licensing receiving notice from the court under RCW 36.28A.390 that a participant has been removed from a 24/7 sobriety program, the department must resume any suspension, revocation, or denial that had been terminated early due to participation in the program, granting credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under RCW 46.20.3101 or this section arising out of the same incident.
This is potentially very helpful to a client involving a significant delay in suspending a license under RCW 46.61.5055: upon its own motion or upon motion by a person, a court may find, on the record, that notice to the department under RCW 46.20.270 has been delayed for three years or more as a result of a clerical or court error. If so, the court may order that the person’s license, permit, or nonresident privilege shall not be revoked, suspended, or denied for that offense.
Probation Conditions DUI Convictions
a. In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to three hundred sixty-four days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years.
The court shall impose conditions of probation that include:
- Not driving a motor vehicle within this state without a valid license to drive;
- (ii) not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020;
- (iii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving;
- (iv) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug 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 or drug; and
- (v) not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer’s motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
b. For each violation of mandatory conditions of probation under (a)(i), (ii), (iii), (iv), or (v) above the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred. This 30 days does not have to be jail but can be work release or can be electronic home confinement.
c. The law requires that for each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days.
Waiving Electronic Home Confinement
A court may waive the electronic home monitoring requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system. However, if a court determines that an alcohol monitoring device utilizing wireless reporting technology is reasonably available, the court may require the person to obtain such a device during the period of required electronic home monitoring;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
The alternative sentence may include, but is not limited to, use of an ignition interlock device, the 24/7 sobriety program monitoring, additional jail time, work crew, or work camp.
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