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Let’s Talk – DUI Penalties

Let’s Talk – DUI Penalties

Washington State is one of the toughest states in the nation when it comes to punishing those found guilty of DUI, Driving Under the Influence.  Even first time DUI offenders with no criminal history often suffer consequences such as suspended driver’s license, fines, and jail time.  And with each additional DUI charge, the consequences quickly become steeper and harsher.

So let’s talk about DUI penalties.

DUI also called DWI, Driving While under the Influence, is a crime handled at the state level. DUI penalties are mandated by the court and are determined by; the amount of alcohol consumed (breath test level), refusal of the breath test, prior DUI history, whether there was property damage while under the influence, or injuries to persons as a result of the DUI, and other criminal history.

In Washington, the maximum penalties for a DUI are 364 days of jail, $5000 fine and loss of license.  The minimum penalties for a first offense DUI if a person blew under .15 are one day of jail, $350 fine, and loss of license for 90 days.  The minimum penalties for a first offense DUI if a person blew over .15 are two days of jail, $500 fine, and a loss of license for one year.  The minimum penalties for a first offense DUI if a person refused to submit to a breath test at the station are two days of jail, $500 fine, and a loss of license for two years.

The minimum penalties for a second offense DUI within seven years, if a person blew under .15 are 30 days of jail, 60 days of electronic home monitoring, $500 fine, and a loss of license for two years.  The minimum penalties for a second offense DUI within seven years, if a person blew over .15 are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 900 days.  The minimum penalties for a second offense DUI if a person refused to submit to a breath test at the station are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 3 years.

The minimum penalties for a third offense DUI within seven years, if a person blew under .15 are 90 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program (ex: scram device), 120 days of electronic home monitoring, $1000 fine, and a loss of license for 3 years.  The minimum penalties for a third offense DUI within seven years, if a person blew over .15 are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.  The minimum penalties for a third offense DUI within seven years, if a person refused to submit to the breath test at the station are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.

DUI penalties can have a negative impact on someone’s life and this is one of the reasons it is important to contact a DUI defense attorney when charged with a DUI.  An experienced defense attorney will work hard to minimize DUI penalties, or possibly eliminate the DUI penalties all together by getting the DUI charge reduced to a lesser charge or by dismissal.

The attorneys at David O Defense are experienced and have a proven track record of serving our clients.  Give us a call today if you have been charged with DUI, we offer free legal consultations, 206-459-6392.

Ex-NFL Player Charged with “Extreme DUI”

Ex-NFL Player Charged with “Extreme DUI”

The charge “Extreme DUI” sounds quite intense, and nobody knows this better than ex-NFL player, Braylon Edwards, who was arrested early in the morning on May 4th in Scottsdale, Arizona.  The former wide receiver allegedly was very under the influence of alcohol because according to police, his BAC (Blood Alcohol Concentration) level was more than .20, over twice the legal BAC limit of 0.08.  Having such a high BAC level earned him the charge “Extreme DUI.”

According to Arizona State law, an Extreme DUI is based upon the blood alcohol concentration level of the person accused; specifically, if the person has a BAC level above .15 but less than .20 then they will be charged with Extreme DUI under §28-1382 of the Arizona Revised Statutes.  Wait there is more… if an individual has a BAC level of .20 or greater than they will be charged with “Super Extreme DUI,” and with a Super Extreme DUI comes even harsher penalties and longer jail time.

It’s unclear why Braylon Edwards is only being charged with Extreme DUI and not Super Extreme DUI, since his BAC level over .20.  Perhaps he just got lucky!  Now Braylon Edwards needs to focus on hiring a good, reputable DUI lawyer to help fight his Extreme DUI charge.

Here in Washington State, Extreme DUI and Super Extreme DUI charges do not exist, an individual is simply charged with DUI no matter how high their BAC results.  However, penalties increase for individuals that are charged with DUI and have a BAC level of .15 or above.

Here is a comparison of penalties for first DUI charge within 7 years for Washington State – a BAC result less than .15 vs a BAC result more than .15 or a BAC test refusal.

BAC result less than .15  (1st offense)

  • 1-364 days in jail or 15 days of EHM (Electric Home Monitoring),
  • $941-$5,000 fine,
  • ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or BAC test refusal (1st offense)

  • 2-364 days in jail or 30 days of EHM,
  • $1,196-$5,000 fine,
  • ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

If you have any questions concerning DUI charges or if you have been arrested for DUI here in Washington State, call David O Defense today, 206-459-6392.  The DUI lawyers at David O Defense offer free consultations and can answer any questions or concerns you may have.  Call today, David O Defense will work hard for you!

Learn More About DUI & Criminal Defense Attorney, David O

Learn More About DUI & Criminal Defense Attorney, David O

David O has been a criminal defense attorney since 2003 representing clients charged with felony and misdemeanor crimes.   He has dedicated his whole legal career to criminal defense because of his desire to help people.  He believes it is a privilege to practice law and even more so when given the opportunity to help a person with a challenging criminal case.   What sets him apart from the rest of the criminal defense lawyers, is his focus on achieving optimal case results while having the ability to provide his clients with empathy and compassion. Additionally, DUI and criminal defense attorney, David O wants to get the right result for each client no matter how long it takes.  He takes pride in serving his clients well.  David understands providing excellent service and getting results require hard work, an attention to detail, and preparation. He has proven to be a valuable asset to his clients, successfully defending them in King County, Pierce County, Snohomish County, and throughout Central and Western Washington.

David started his legal career volunteering for a public defense agency, Northwest Defender’s Association, as a criminal defense attorney. From 2004-2008, David was employed as a criminal defense attorney in a private law firm handling both felony and misdemeanor cases. In 2008, David opened his own criminal law practice, David O Defense.

DUI and criminal defense lawyer, David O has been recognized by Washington Law and Politics as a “Rising Star.”   He is highly rated and reviewed on Yelp, Google and AVVO. He has been awarded the Pro Bono Service Commendation by the Washington State Bar Association from 2007-2009. He also serves on the Korean American Bar Association (KABA) as an active board member.

This past weekend, David spoke at the KABA Legal Seminar about criminal defense law.  The purpose of this legal seminar was, “To provide Korean foreign nationals and Korean Americans with foundational information regarding the American legal system and laws, to raise the collective legal IQ of the Korean community, and to reduce common and preventable legal mistakes.”

Currently attorney David O is writing about criminal defense law.  His writing focuses on the legal process of defending criminal cases, explaining the different types of criminal charges, describing the different degrees of criminal charges, as well as what an individual should do if they are charged with a crime.  His work will be published in a collective legal journal to be utilized by individuals for educational purposes and as a legal reference guide.

In short, DUI and criminal defense attorney, David O is passionate about criminal defense law.  He truly enjoys helping people, giving back to the community, and fighting criminal cases.  If you would like to speak to attorney David O, give him a call at 206-459-6392.

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