As a criminal defense attorney in Vancouver, Clark County, Washington, sentencing is a critically important aspect to any case, as obviously it can have the most profound consequences for a criminal client. In Washington, with respect to Misdemeanor DUI sentencing, DUI offenses carry mandatory sentencing that includes confinement, loss of license, ignition interlock device installation and other requirements. Thus, it is very important to understand exactly what those Statutory guidelines are so you truly understand what you are facing if convicted of a misdemeanor DUI offense in Washington State.
Part one of this article will talk about the mandatory jail time and jail alternatives, as well as the minimum fines under law. Part two of this article soon to follow, will talk about the alternative penalties. A prior offense is a DUI committed in this state, or an equivalent offense in another state or under federal law, and can potentially include convictions for offenses that were reduced from DUI, like DUI reduced to Negligent Driving in the First Degree or DUI reduced to Reckless Driving as some examples.
No Prior Offenses Within Seven Years
For a client with no prior offenses in seven years for DUI, or a qualifying charge reduced from DUI (Negligent Driving in the First Degree or Reckless Driving) then the law requires to do the following:
If it is proven at trial or admission/stipulation that your blood alcohol concentration was less than 0.15, or by reason of a no-test, other than the client’s alleged refusal to take the breath test, by jail/imprisonment for not less than one day (mandatory minimum) and nor more than three hundred sixty-four days (statutory maximum).
The mandatory minimum of twenty-four consecutive hours of jail/imprisonment may not be suspended unless the court finds that the imposition of the mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. From a practical perspective, I have never seen any judge in Clark County Suspend 24 hours of jail under this provision. I have successfully argued for suspension and conversion from jail to Electronic Home Confinement involving a client facing substantially more mandatory minimum jail time (120 days in jail) due to significant physical issues. It is very rare that anyone would have this time suspended but for a true medical or mental health issue that was able to be proven to the court that would truly put the client’s physical or mental health well-being at substantial risk.
However, In lieu of the mandatory minimum term of jail/imprisonment, the court may order not less than fifteen days of electronic home monitoring or a ninety-day period of 24/7 sobriety program monitoring. The court may consider the offender’s pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The client must pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed will determine the cost. The court may also require the offender’s electronic home monitoring device or other separate alcohol monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
A fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
The mandatory minimum of forty-eight consecutive hours of jail/imprisonment may not be suspended unless the court finds that the imposition of the mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. From a practical perspective, I have never seen any judge in Clark County Suspend 48 hours of jail under this provision. Again, I have successfully argued for suspension and conversion from jail to Electronic Home Confinement involving a client facing substantially more mandatory minimum jail time (120 days in jail) due to significant physical issues. It is very rare that anyone would have this time suspended but for a true medical or mental health issue that was able to be proven to the court that would truly put the client’s physical or mental health well-being at substantial risk. In addition, a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
One Prior Offense Within Seven Years
A person with a one prior offense in seven years, and not facing a Felony DUI under Washington law for a prior qualifying event shall be punished as follows:
For a client whose alcohol concentration was proven at trial or admission was less than 0.15, or for whom for reasons other than the person’s refusal to take a breath test jail/imprisonment for not less than thirty days nor more than three hundred sixty-four days and sixty days of electronic home monitoring. However, the court can do something much less harsh to the client if it deems appropriate.
The court can in lieu of the mandatory term of jail/imprisonment and electronic home monitoring order a minimum of four days in jail and either one hundred eighty days of electronic home monitoring or a one hundred twenty-day period of 24/7 sobriety program monitoring pursuant to specific section of Washington law: RCW 36.28A.300 through 36.28A.390. The court may consider the offender’s pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender will pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed will determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.
Also, separate from the above sentencing alternative involving the 30 jail/60 day EHC alternative, the court may not suspended this sentence unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and by a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
For a client whose alcohol concentration was proven at trial or admission to be at least 0.15, the court shall impose jail/imprisonment for not less than forty-five days nor more than three hundred sixty-four days and ninety days of electronic home monitoring. However, as with the case of someone with a breath alcohol concentration of below 0,15, the court can do something much less harsh to the client if it deems appropriate.
The court in lieu of the mandatory minimum term of jail/imprisonment and electronic home monitoring may order a minimum of six days in jail and either six months of electronic home monitoring or a one hundred twenty-day period of 24/7 sobriety program monitoring pursuant to specific provisions of Washington law: RCW 36.28A.300 through 36.28A.390.
The court may consider the offender’s pretrial 24/7 sobriety program monitoring as fulfilling a portion of posttrial sentencing. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.
Again, exclusive of the alternative listed above regarding the 45 jail/90 day EHC alternative, the forty-five days of jail/imprisonment and ninety days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based. And, by a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent.
Two Prior Offenses Within Seven Years
For a client with two prior offenses in seven years and whose alcohol concentration was proven at trial or admission was less than 0.15, or for whom for reasons other than the person’s refusal to take a breath test by jail/imprisonment for not less than ninety days nor more than three hundred sixty-four days. In addition, if available in the county or city where the conviction occurred, a six-month period of 24/7 sobriety program monitoring pursuant to specific portions of Washington law: RCW 36.28A.300 through 36.28A.390, and one hundred twenty days of electronic home monitoring.
In lieu of the mandatory minimum term of one hundred twenty days of electronic home monitoring, the court may order at least an additional eight days in jail. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender will pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed will determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.
The court may only suspend the ninety days of imprisonment and one hundred twenty days of electronic home monitoring if the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
For a client whose blood alcohol concentration was at least 0.15, or for whom by reason of the client’s refusal to take a test offered pursuant to Washington Law there is no test result indicating the person’s alcohol concentration, the court shall order one hundred twenty days nor more than three hundred sixty-four days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to specific provisions of Washington Law: RCW 36.28A.300 through 36.28A.390, and one hundred fifty days of electronic home monitoring.
In lieu of the mandatory minimum term of one hundred fifty days of electronic home monitoring, the court may order at least an additional ten days in jail. The offender shall pay for the cost of the electronic monitoring. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The county or municipality where the penalty is being imposed will determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring.
The one hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended by the court, unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended, By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
If you have three or more priors within ten years, you are looking at Felony DUI and this article will not address that separate matter. Part two will address the additional sentencing aspects of misdemeanor DUI.
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