DUI Law Sentencing Summary

The 1998 Legislature passed several bills to strengthen DUI laws in Washington. Senate Bill 6293 and House Bill 2885 combined to allow judges the discretion to place first-time offenders on electronic monitoring and to mandate offender-paid electronic home detention for every second- and third-time DUI offender. The electronic monitoring laws will require every city and county to establish or have access to an electronic monitoring program. Below is information on the sentencing requirements and effective dates.

First DUI Offense (effective June 11, 1998)

• BAC below 0.15 Judge has the option of sentencing an offender to not less than one day in jail, or not less than 15 days electronic monitoring.
• BAC of 0.15 or more Judge has the option of sentencing an offender to not less than two days in jail, or not less than 30 days electronic monitoring.

Second DUI Offense (effective January 1, 1999)

• BAC below 0.15 Judge must sentence offender to not less than 30 days in jail, and not less than 60 days electronic monitoring.
• BAC of 0.15 or more Judge must sentence an offender to not less than 45 days in jail, and not less than 90 days electronic monitoring.

Third DUI Offense (effective January 1, 1999)

• BAC below 0.15 Judge must sentence an offender to not less than 90 days in jail, and not less than 120 days electronic monitoring.
• BAC of 0.15 or more Judge must sentence an offender to not less than 120 days in jail, and not less than 150 days of electronic monitoring.

Offender Pays
Any time an offender uses electronic monitoring as part of their DUI sentence, the offender must pay the cost of electronic monitoring.
The fee for electronic monitoring shall be set by the city or county where the offender was sentenced. It is the Legislature's intent that local
governments be allowed to set fees high enough to cover the costs for indigent offenders.

Breathalyzer Option is Discretionary
The new law allows a judge to require that the electronic monitoring device include a breathalyzer device and may restrict the amount of
alcohol the offender may consume during the time she/he is on electronic monitoring.