When a Driver Is Accused of a DUI Offense
When an offender accused of DUI, the judge would determine a sentence in part by the number of DUI offenses within the past seven years. They may also be charged for a lesser offense than a DUI such as reckless driving, traffic violation, negligent driving, etc.
Washington state DUI laws are known to be very stiff for the offenders. Jail time is based on all previous misdemeanors including DUI, whether the breath test was refused, and the Breathalyzer test results if taken.
A judge considers many factors to determine the length of jail tenure. External to the DUI charge, other conditions may increase an imposed jail penalty. The offender may have been charged for other criminal activity in addition to the DUI. An example would be traffic violations observed at the time of arrest. A vehicle accident may have occurred due to the offender's intoxication.
Traffic violations and vehicle accidents demonstrate a risk to the community. Inside the vehicle there may have been children or passengers that were at risk of injury. A judge will use the circumstances that increased risk to the community or vehicle passengers to determine if the jail sentence would go beyond the minimum penalty.
A judge would determine a sentence in part by the number of DUI offenses within the past seven years. Part of what may be on record is a DUI arrest that was plea bargained to less than a DUI offense. Examples of a lesser offense are reckless driving, negligent driving, traffic violation, etc. The penalty for this prior conviction would be less than a DUI conviction. However, with a current DUI arrest, a judge considers all DUI offenses even if the conviction is less than a DUI.
All prior offenses are taken into consideration to determine if the offender is at risk to the public. Although not charged with DUI, the offender has on record the arrest that can impose stiffer penalties on subsequent DUI arrests. If an offender is from out of state, previous arrests are on record and considered in the Judges sentencing. Out-of-state offenses are not immune to the judge's determination of a sentence. All arrests within the past seven years are considered under Washington state DUI laws.
The laws are very specific to minimum sentence requirements related to Breathalyzer test over 0.15% and prior offenses. A breath test can be refused, but that does not exclude and offender from penalties. If the breath test was over the legal limit and under 0.15% and with no prior offenses, then the minimum jail time is one full day in jail. The minimum fine is $866 that includes the $350 for sentencing, other costs, and assessments.
The license is suspended for 90 days followed by a one year ignition interlock. With no prior offenses and the breath test either refused or taken and found over 0.15%, the penalties are higher. The minimum mail time is two full days in jail with a fine of $1,120 that includes the $500 sentence, other costs, and assessments. If the breath test was refused, the term for license suspension is two years. If the breath test is 0.15% or higher, the license suspension is for one year.
Other sentences beyond jail time could include electronic home monitoring and probation. The electronic home monitoring enforces a sentence in the offender's residence. A one day jail sentence is equivalent to fifteen days of electronic home monitoring. The equipment is rented by the offender. A probation officer is assigned to meet with the offender to ensure compliance of DUI in Washington State law.
The regular contact with a probation officer can be up to five years. The offender pays the probation costs that are $50 to $75 per month. The offender also pays for the electronic home monitoring service. The penalty of electronic home monitoring with a probation officer is expensive.
Attorney Raymond Ejarque is an experienced, reputable and affordable attorney in Seattle. He helps his clients get the best possible outcome for your case. His successful strategies have helped his clients stay out of Jail, reduced charges and attained dismissals for his clients. The Law office of Raymond W. Ejarque offers free consultations. During your consultation you will be able to discuss a detailed review of your case, get your questions answered and hear honest and helpful advice on how to proceed with your case. Visit Seattle-duidefense for more information.
Washington state DUI laws are known to be very stiff for the offenders. Jail time is based on all previous misdemeanors including DUI, whether the breath test was refused, and the Breathalyzer test results if taken.
A judge considers many factors to determine the length of jail tenure. External to the DUI charge, other conditions may increase an imposed jail penalty. The offender may have been charged for other criminal activity in addition to the DUI. An example would be traffic violations observed at the time of arrest. A vehicle accident may have occurred due to the offender's intoxication.
Traffic violations and vehicle accidents demonstrate a risk to the community. Inside the vehicle there may have been children or passengers that were at risk of injury. A judge will use the circumstances that increased risk to the community or vehicle passengers to determine if the jail sentence would go beyond the minimum penalty.
A judge would determine a sentence in part by the number of DUI offenses within the past seven years. Part of what may be on record is a DUI arrest that was plea bargained to less than a DUI offense. Examples of a lesser offense are reckless driving, negligent driving, traffic violation, etc. The penalty for this prior conviction would be less than a DUI conviction. However, with a current DUI arrest, a judge considers all DUI offenses even if the conviction is less than a DUI.
All prior offenses are taken into consideration to determine if the offender is at risk to the public. Although not charged with DUI, the offender has on record the arrest that can impose stiffer penalties on subsequent DUI arrests. If an offender is from out of state, previous arrests are on record and considered in the Judges sentencing. Out-of-state offenses are not immune to the judge's determination of a sentence. All arrests within the past seven years are considered under Washington state DUI laws.
The laws are very specific to minimum sentence requirements related to Breathalyzer test over 0.15% and prior offenses. A breath test can be refused, but that does not exclude and offender from penalties. If the breath test was over the legal limit and under 0.15% and with no prior offenses, then the minimum jail time is one full day in jail. The minimum fine is $866 that includes the $350 for sentencing, other costs, and assessments.
The license is suspended for 90 days followed by a one year ignition interlock. With no prior offenses and the breath test either refused or taken and found over 0.15%, the penalties are higher. The minimum mail time is two full days in jail with a fine of $1,120 that includes the $500 sentence, other costs, and assessments. If the breath test was refused, the term for license suspension is two years. If the breath test is 0.15% or higher, the license suspension is for one year.
Other sentences beyond jail time could include electronic home monitoring and probation. The electronic home monitoring enforces a sentence in the offender's residence. A one day jail sentence is equivalent to fifteen days of electronic home monitoring. The equipment is rented by the offender. A probation officer is assigned to meet with the offender to ensure compliance of DUI in Washington State law.
The regular contact with a probation officer can be up to five years. The offender pays the probation costs that are $50 to $75 per month. The offender also pays for the electronic home monitoring service. The penalty of electronic home monitoring with a probation officer is expensive.
Attorney Raymond Ejarque is an experienced, reputable and affordable attorney in Seattle. He helps his clients get the best possible outcome for your case. His successful strategies have helped his clients stay out of Jail, reduced charges and attained dismissals for his clients. The Law office of Raymond W. Ejarque offers free consultations. During your consultation you will be able to discuss a detailed review of your case, get your questions answered and hear honest and helpful advice on how to proceed with your case. Visit Seattle-duidefense for more information.