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Let’s Talk – DUI Penalties

Written by David O
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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.

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Young Man Poses as Law Enforcement and Sets Up his own DUI Checkpoint

Written by David O
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Crazy but true story out of Somerset, Pennsylvania where a young man pretended to be a State Trooper and set up a fake DUI checkpoint across state Route 601 at 4am in the morning.

According to the real Pennsylvania State Troopers, 19 year-old Logan Shualis, went to a lot of trouble to set the stage for his DUI checkpoint, including everything from; placing street  flairs in the road, parking his vehicle diagonally across the highway, dressing the part, and carrying a BB gun as if it were a real pistol.

One motorist who complied with the hokey DUI checkpoint said Shaulis claimed he was a PA State Trooper and required the driver to hand over his driver’s license, registration, and car insurance papers.

Logan’s hoax wasn’t convincing enough, suspicious drivers quickly notified law enforcement officials of the fake DUI checkpoint.  When the real state troopers arrived on scene, Shaulis tried to ditch his BB gun by giving it to the passenger in the car he had stopped at that time… saying, “I can’t get caught with this!”

fake State TrooperTo make matter’s worse for the young man, state troopers determined Shaulis was under the influence of alcohol during his DUI checkpoint charade.  State troopers also determined Shaulis must have driven drunk to the location where he set up his DUI checkpoint.  While Shaulis was under the influence of alcohol he was trying to arrest civilians for DUI as well – Crazy but true!

Logan’s checkpoint was shut down permanently and he was hauled off to jail.  He faces charges of DUI, impersonating a public servant, and unlawful restraint.

Luckily for us Washingtonions, we do not have to worry about DUI checkpoints, or fake ones for that matter!  However most States do allow for DUI checkpoints (aka sobriety checkpoints), so be careful while visiting the great states outside of Washington this summer!

States that do conduct DUI checkpoints include: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, D.C., Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, and West Virginia.

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Ex-NFL Player Charged with “Extreme DUI”

Written by David O
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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!

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