HOW MUCH JAIL TIME WILL YOU GET FOR A DUI?

One of the questions I often get asked as a DUI lawyer is “how much time in jail will I get?” As is often the case in criminal law in Washington State, it all depends on a number of factors. First of all, a DUI is a gross misdemeanor. That means the maximum jail sentence is 1 year and the maximum fine is $5,000. If it is your fourth DUI offense within 10 years, things can get really complicated because you are now looking at a felony, which means the possibility of going to state prison for a term in excess of 1 year. For the purposes of this posting, I will just stick to the misdemeanors and address the felony DUI at a later time.

Your sentence in a DUI case hinges on two main factors: prior convictions and your blood alcohol content (BAC) at the time of arrest. There are statutory maximum sentences for most crimes in Washington State. For many crimes, there is no mandatory minimum sentence in Washington State so the judge can just release you after a conviction, give you credit for time served, or simply just impose a fine. This is not the case with DUIs in Washington. With DUIs, the judge’s hands are tied- the judge MUST give you the minimum sentence if you are convicted of DUI. It is required by law.

If it is your first offense and your BAC was below .15, the minimum mandatory sentence is 24 consecutive hours in jail AND a $350 fine. If you spent the night in jail when you were arrested and released in the morning or afternoon, that doesn’t count- it must be 24 consecutive hours. So even if you spent the night in jail, you will be going back to jail for at least a day if you are convicted of DUI.

If it is your first offense and your BAC was .15 or above, then the minimum sentence is 48 consecutive hours in jail AND a $500 fine. Again you will not get credit for time served on the day of your arrest unless you spent 48 consecutive hours in jail. The maximum fine for a first-time offender with a BAC over.15 is $5,000.

If it’s your second DUI offense within 7 years, the stakes go up dramatically. There is a minimum jail sentence of 30 days and $500 fine if your BAC was below .15. If it was .15 or above, the minimum jail sentence is 45 days. The minimum fine is $700.

If it’s your third DUI in 7 years, you must serve a minimum of 90 days in jail and pay a minimum fine of $1,000 if your BAC was below .15. If it was .15 or above, the minimum sentence required by law is 120 days and the minimum fine is $1,500.

The higher your BAC and the more prior DUI convictions you have, the more severe the penalties are. Keep in mind these are minimum sentences that are only imposed if you are convicted. That is why it is in your best interest to contact a DUI lawyer immediately to fight the charges if you are arrested or charged with DUI in Washington. A DUI lawyer can do a number of things to protect you from a DUI conviction.