Mandatory Washington DUI Probation Violation Penalties

DUI sentencing courts impose a number of standard, and sometimes even case-specific, conditions upon a defendant upon a drunk driving conviction. Some are affirmative conditions (to pay fines, complete an alcohol/drug evaluation, participate in alcohol/drug treatment or mental health treatment when applicable, and attend DUI victims panel. Others are prohibitive, like don’t commit law violations, don’t consume alcohol or drugs, don’t drive without a functioning ignition interlock device on your vehicle. Violation of any conditions imposed by the court will mean a review hearing for the judge to determine additional sanctions being  imposed. Certain violations, however, result in mandatory penalties, with very little if any discretion allowed.

DUI sentencing courts in impose a number of standard, and sometimes even case-specific, conditions upon a defendant upon DUI conviction. Some are affirmative conditions (to pay fines, complete an alcohol/drug evaluation, participate in alcohol/drug treatment or mental health treatment when applicable, and attend DUI victims panel. Others are prohibitive, like don’t commit law violations, don’t consume alcohol or drugs, don’t drive without a functioning ignition interlock device on your vehicle. Violation of any conditions imposed by the court will mean a review hearing for the judge to determine additional sanctions being imposed. Certain violations, however, result in mandatory penalties, with very little if any discretion allowed.

Pursuant to RCW 46.61.5055 (11)(A), there are now 5 violations of DUI or Physical Control probation that require the court to impose a mandatory penalty. The way the statute says that, upon a conviction for DUI, the sentencing court must impose the following mandatory conditions (along with other probation conditions the court deems appropriate but that are optional). The mandatory conditions are the most dangerous ones to violate and include:

(i) Not driving a motor vehicle within this state without a valid license to drive;

(ii) not driving a motor vehicle within this state without proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020;

(iii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving;

(iv) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug; and,

(v) not driving a motor vehicle in this state without a functioning ignition interlock device as required by the department under RCW 46.20.720.

This statute requires that for each violation of the above conditions found or admitted to have been committed, the court is required to impose 30 days of confinement and 30 additional days of license suspension. It is not set by statute whether multiple violations of more than one of these 5 mandatory-30-days-jail sanctions requires concurrent or consecutive sentencing, which is thus within the reviewing court’s discretion.

So, by way of example, if a person on a DUI probation were to be caught driving without proof of insurance, refused to take a breath test and then provided a blood sample with an alcohol concentration in excess of .08, that person would be looking at, at least, either 30 or 90 days of confinement (depending upon whether the court imposes the multiple 30-day violations concurrently – running together at the same time, or consecutively (back-to-back), and 90 additional days of license suspension.

You must be very careful not to violate especially these probation conditions. Your freedom and liberty are at stake if you do.


Drunk Driving / DUI