Understanding Mandatory Minimums and Alternatives

Driving under the influence (DUI) is a serious offense in Washington State, carrying strict penalties that can significantly impact your life. One of the most pressing concerns for individuals facing a DUI charge is whether jail time is mandatory. This blog will explore the mandatory minimum jail sentences for DUI offenses in Washington and discuss alternatives like house arrest through electronic home monitoring (EHM).

Mandatory Minimum Jail Time for DUIs in Washington

Under Revised Code of Washington (RCW) 46.61.5055, Washington State imposes mandatory minimum penalties for DUI convictions. These penalties vary based on factors such as prior offenses, blood alcohol concentration (BAC) at the time of arrest, and whether the driver refused a breath or blood test.

First-Time DUI Offense

BAC Less Than 0.15% or No Test Result:
- Mandatory Minimum Jail Time: 24 consecutive hours
- Alternative: 15 days of electronic home monitoring (EHM)
- Fines: $990.50 to $5,000
- License Suspension: 90 days
BAC 0.15% or Higher, or Test Refusal:
- Mandatory Minimum Jail Time: 48 consecutive hours
- Alternative: 30 days of electronic home monitoring
- Fines: $1,245.50 to $5,000
- License Suspension: 1 year for BAC ≥ 0.15%, or 2 years for test refusal

Understanding the Jail to EHM Conversion

Washington law allows for the conversion of mandatory jail time to electronic home monitoring under certain conditions. The conversion rates are as follows:

1 Day of Jail Time Equals 15 Days of EHM
2 Days of Jail Time Equals 30 Days of EHM

Example: If you’re facing a mandatory minimum of 1 day in jail for a first-time DUI with a BAC under 0.15%, you may be eligible to serve 15 days of house arrest instead.

Is Jail Mandatory?

Yes, jail time is technically mandatory for DUI convictions in Washington State. However, the law provides alternatives that can keep you out of jail, such as:

Electronic Home Monitoring (EHM): Serving your sentence under house arrest with monitoring equipment.
Sobriety Programs: Participation in court-approved sobriety programs may impact sentencing.
Work Release Programs: In some cases, offenders may serve time in a facility but are allowed to go to work during the day.

Important Note: These alternatives are subject to court approval and may not be available to everyone. Factors like prior offenses, the specifics of your case, and compliance with court requirements will influence eligibility.

Why Does Washington Impose Mandatory Minimums?

Washington State enforces strict DUI laws to deter impaired driving and enhance public safety. Mandatory minimum sentences aim to:

Hold Offenders Accountable: Ensure that those convicted face significant consequences.
Promote Rehabilitation: Encourage participation in treatment programs.
Protect the Public: Reduce the risk of repeat offenses by imposing penalties that discourage impaired driving.

Additional Penalties and Requirements

Beyond jail time and fines, a DUI conviction may also include:

License Suspension or Revocation: As noted, ranging from 90 days to 2 years.
Ignition Interlock Device (IID): Mandatory installation of an IID on your vehicle.
Alcohol or Drug Education Programs: Court-ordered participation in treatment or education.
Probation: Supervised or unsupervised probation periods.

Legal Representation Matters

Navigating a DUI charge is complex, and the consequences are severe. An experienced attorney can:

Assess Eligibility for Alternatives: Determine if you qualify for EHM or other programs.
Negotiate with Prosecutors: Seek reduced charges or alternative sentencing.
Guide You Through the Process: Ensure compliance with all court requirements.

Conclusion

While jail time is mandatory for DUI convictions in Washington State, alternatives like electronic home monitoring may be available, especially for first-time offenders. Understanding the mandatory minimums and potential substitutions is crucial for making informed decisions about your case.

If you’re facing a DUI charge, it’s essential to consult with a qualified attorney who can advocate on your behalf and explore all available options.

Results

How We Achieved Dismissal in a Complex Assault 4 Domestic Violence Case

Introduction Navigating a domestic violence charge can be daunting, especially when the accusations are unfounded. Our recent victory in an Assault 4 Domestic Violence case showcases the importance of a robust defense strategy and thorough investigation. Here’s how we turned a challenging situation into a successful dismissal. The Case Our ... Read more

Assault 3 Domestic Violence – Felony – Dismissed

Client was charged with felony assault domestic violence when his truck ran over his girlfriend’s leg during an argument in a parking lot. The girlfriend was badly injured and had to be taken to the hospital. The girlfriend wanted charges filed and was cooperating with police and the prosecutors. After ... Read more

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.