DUI Mandatory Penalties

Washington DUI sentencing courts are required to impose certain conditions when a person is convicted of a DUI. Some conditions are affirmative (i.e., pay fines, complete an alcohol evaluation, participate in alcohol treatment, and attend DUI victims panel), and others are prohibitive (i.e., don’t commit law violations, don’t consume alcohol, don’t drive without an ignition interlock). Violation of any condition (whether it be affirmative or prohibitive) can result in additional sanctions. And certain violations can result in mandatory penalties, with little discretion. This is so because pursuant to RCW 46.61.5055 (11)(A), there are three violations that require the court to impose mandatory/ non-discretionary penalties.

Under RCW 46.61.5055 a DUI sentencing court must impose, as part of probation, the following conditions:

1.No driving without a valid license and proof of insurance;
2.No driving with an alcohol concentration of .08 or more, or a THC concentration of 5.00 nanograms or more within two hours of driving;
3.No refusing a breath/ blood test upon lawful request by law enforcement.

RCW 46.61.5055 further requires that each violation of one of the above conditions will result in the court being required to impose 30 days of confinement and 30 additional days of license suspension.

So … if you (or a loved one) is convicted of a DUI, please ensure that your (their) license and insurance are valid and intact prior to driving, and that the Department of Licensing has an up-to-date address of record. Also, don’t drive after drinking alcohol or ingesting Marijuana, and don’t refuse an officer’s request for a breath or blood test. The consequences are simply too great.

If you (or a loved one) have been arrested and cited for DUI in Washington State you should immediately seek the assistance of a Seattle DUI lawyer. A qualified and respected Seattle DUI attorney, among other things, can quite possibly save you thousands of dollars in court and insurance fees, extent of loss of privilege to drive and amount of jail time to be served. Washington traffic laws are far too complicated for any ol’ attorney to handle. Be smart … hire a qualified and skilled Seattle DUI attorney when arrested for an alcohol and/or a drug related DUI in Washington State.

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10.0Gregory Wayne Schwesinger
10.0Saad Qamer Qadri