DUI and Physical Control

Washington State has some of the toughest laws in the nation with respect to DUI.
The consequences of a DUI conviction can follow you for several years. Therefore, it is important that you choose a lawyer who you feel comfortable with to represent you in your case, and who is knowledgeable about the law. Anderson Hunter has the necessary trial experience needed, and will provide you with exceptional representation.

DUI is a gross misdemeanor, meaning that is punishable by up to one year in jail and a $5,000 fine.

Physical Control of Motor Vehicle While Under the Influence is also a gross misdemeanor and it is treated the same as a DUI. This means that it is a crime to have control over a vehicle while under the influence even if you are not actually driving the vehicle.

The sentencing for a DUI or Physical Control conviction will depend on whether you have any prior DUI and/or Physical Control convictions within the last 7 years.


The following are the mandatory requirements for a first conviction DUI and/or Physical Control conviction:
With a valid breath test result under 0.15%:
  • Criminal Consequences: 1 day in jail or 15 days of electronic home monitoring, alcohol evaluation and follow-up treatment, 5 months of probation and a probationary license, and fines and fees.
  • Licensing Consequences: 90-day suspension of license, ignition interlock device installed in vehicle for 1 year, and SR-22 (high-risk) insurance for 3 years.
With a valid breath test result over 0.15% or a refusal to take a breath test:
  • Criminal Consequences: 2 days in jail or 30 days of electronic home monitoring, alcohol evaluation and follow-up treatment, 5 months of probation and a probationary license, and fines and fees.
  • Licensing Consequences: 1 year revocation if valid breath test over 0.15% and 2 year license revocation if a breath test refusal, ignition interlock device installed in vehicle for 1 year, and SR-22 (high risk) insurance for 3 years.

The following are the mandatory requirements for a second conviction for DUI and/or Physical Control within the last 7 years:
With a valid breath test result under 0.15%:
  • Criminal Consequences: 30 days in jail and 60 days of electronic home monitoring, alcohol evaluation and follow-up treatment, 5 months of probation and a probationary license, and fines and fees.
  • Licensing Consequences: 2 year revocation of license, ignition interlock device installed in vehicle for 1-5 years, and SR-22 (high-risk) insurance or 3 years.
With a valid breath test result over 0.15% or a refusal to take a breath test:
  • Criminal Consequences: 45 days in jail and 90 days of electronic home monitoring, alcohol evaluation and follow-up treatment, 5 months of probation and a probationary license, and fines and fees.
  • Licensing Consequences: 2 year revocation if valid breath test over 0.15% and 3 year license revocation if a breath test refusal, ignition interlock device installed in vehicle for 1-5 years, and SR-22 (high risk) insurance for 3 years.

The following are the mandatory requirements for a third conviction for DUI and/or Physical Control within the last 7 years:
With a valid breath test result under 0.15%:
  • Criminal Consequences: 90 days in jail and 120 days of electronic home monitoring, alcohol evaluation and follow-up treatment, 5 months of probation and a probationary license, and fines and fees.
  • Licensing Consequences: 2 year revocation of license, ignition interlock device installed in vehicle for 1-10 years, and SR-22 (high-risk) insurance or 3 years.
With a valid breath test result over 0.15% or a refusal to take a breath test:
  • Criminal Consequences: 120 days in jail and 150 days of electronic home monitoring, alcohol evaluation and follow-up treatment, 5 months of probation and a probationary license, and fines and fees.
  • Licensing Consequences: 4 year revocation if valid breath test over 0.15% and 3 year license revocation if a breath test refusal, ignition interlock device installed in vehicle for 1-10 years, and SR-22 (high risk) insurance for 3 years.

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