Washington State takes DUI charges seriously, and the penalties can escalate quickly depending on the circumstances of the arrest. For those facing a DUI charge—or simply trying to understand the law—the DUI sentencing grid is a key resource. This chart outlines mandatory penalties based on prior offenses, test results, and aggravating factors. In this article, we’ll walk through how the grid works, what determines sentencing levels, and what to expect if someone is convicted of a DUI in Washington.
What Is the DUI Sentencing Grid?
The DUI sentencing grid is an official reference used by Washington courts to determine penalties for individuals convicted of driving under the influence. The grid accounts for factors like:
- Number of prior DUI offenses within the past 7 years
- Breath or blood test results (especially if they’re over .15%)
- Refusal to take a breathalyzer
- Whether someone was under 21
- Aggravating circumstances, such as accidents or injuries
Each row of the grid corresponds to a different classification of the DUI offense and provides sentencing guidelines for:
- Jail time
- Electronic home monitoring (EHM)
- License suspension duration
- Fines and fees
- Mandatory ignition interlock installation
The current version of the grid can be viewed here on the Washington Courts website.
FAQs About the Washington DUI Sentencing Grid
- Is there any way to avoid jail time for a DUI in Washington? In some cases, judges may allow electronic home monitoring (EHM) instead of jail time, especially for first offenses. However, EHM has its own costs and limitations.
- How long does a DUI stay on record in Washington? DUI convictions stay on your criminal record permanently and count toward repeat offense calculations for seven years.
- Does Washington have felony DUI charges? Yes. A DUI can be charged as a felony if the driver has four or more prior offenses within 10 years, or if someone is seriously injured in a DUI-related crash.
- What happens if I get a DUI with a minor in the car? Having a passenger under 16 is considered an aggravating factor and leads to increased penalties.
First Offense DUI in Washington
A first-time DUI offense doesn’t necessarily mean lenient treatment. Washington law mandates minimum penalties—even for those with no prior record. If BAC is under 0.15% (or test was refused):
- Jail: 1 day minimum
- Fines: $990.50 to $5,000
- License Suspension: 90 days
- EHM: 15 days (if jail is waived)
- Ignition Interlock: At least 1 year (for most drivers)
If BAC is 0.15% or higher, or test was refused:
- Jail: 2 days minimum
- Fines: Slightly higher
- License Suspension: 1 year for high BAC, or 2 years for refusal
- EHM: 30 days (if jail is waived)
Second Offense DUI
Repeat DUI offenses result in significantly harsher consequences. With BAC under 0.15%:
- Jail: 30 days minimum
- EHM: 60 days
- License Suspension: 2 years
- Ignition Interlock: At least 5 years
With BAC over 0.15% or refusal:
- Jail: 45 days minimum
- EHM: 90 days
- License Suspension: 900 days or more
Third or Subsequent DUI Offenses
Those with two or more prior DUIs in the past 7 years face the most severe penalties. With BAC under 0.15%:
- Jail: 90 days minimum
- EHM: 120 days
- License Suspension: 3 years
- Ignition Interlock: 10 years
With BAC over 0.15% or refusal:
- Jail: 120 days minimum
- EHM: 150 days
- License Suspension: 4 years
In addition, there may be felony DUI charges if the individual has four or more prior offenses within ten years, or if other aggravating factors apply (such as a DUI crash causing serious injury).
Refusing a Breathalyzer Test
Under Washington’s implied consent law, refusing a breath test carries its own penalties:
- License suspension is typically longer than if the test was taken
- The court may consider refusal as an aggravating factor
- Prosecutors can argue that the refusal implies guilt
Aggravating Factors That May Increase Penalties
The sentencing grid sets the baseline, but judges also consider circumstances that may lead to enhanced penalties, including:
- Accidents involving injury or property damage
- Passengers under 16 years old in the vehicle
- Driving with a suspended license
- Excessive speeding or reckless behavior
Ignition Interlock Requirements
Most DUI convictions in Washington require the installation of an ignition interlock device (IID). This device prevents a vehicle from starting unless the driver passes a breath test. The length of time someone is required to use the device depends on the number of offenses and BAC levels. For example:
- First offense: 1 year
- Second offense: 5 years
- Third or more: 10 years
Drivers may also qualify for an Ignition Interlock License (IIL) which allows limited driving privileges during suspension.
Alcohol/Drug Assessment and Treatment
In addition to the penalties listed in the grid, Washington courts typically require DUI offenders to:
- Complete a drug and alcohol assessment
- Follow recommendations for treatment or education
- Attend a victim impact panel (such as one provided by MADD)
These steps are mandatory and must be completed for license reinstatement and compliance with sentencing.
Why the Sentencing Grid Matters
The DUI grid helps ensure consistency across the state, but it also reflects the serious nature of driving under the influence. Even a first offense can carry long-term consequences. For those navigating a DUI charge, understanding the sentencing grid can help in making informed decisions—especially when working with a defense attorney.
Final Thoughts
Facing DUI charges in Washington can be overwhelming. The state’s sentencing grid makes it clear: penalties are not only mandatory—they escalate quickly. Whether it’s jail time, electronic home monitoring, or ignition interlock requirements, every decision and prior record matters. For those with questions about DUI defense strategies, the sentencing process, or potential penalties, Bugbee Law is here to help you navigate your Spokane DUI charges. Contact us today for a free consultation. With a deep commitment to protecting his clients’ rights, Christopher Bugbee draws on 30 years of criminal law experience—both as a prosecutor and defense attorney. He’s earned top ratings from legal peers and clients alike on Avvo and is consistently ranked among the region’s top criminal defense attorneys.