A Violation Of Mandatory DUI Penalty Has Even More Mandatory Punishment.

A DUI or Physical Control conviction requires the Judge to impose a very specific sentence. This sentence is set by the legislature and the judge can go no lower than what is proscribed by statute. What many people do not know is that within these mandatory DUI penalties there are more mandatory penalties for a violation of certain sentence conditions. This "new" DUI Mandatory Sentence will require the court to impose additional conditions of sentence or probation.


DUI or Physical Control conviction requires the Judge to impose a very specific sentence. This sentence is set by the legislature and the judge can go no lower than what is proscribed by statute. What many people do not know is that within these mandatory DUI penalties is more mandatory penalties for a violation of certain sentence conditions. This “new” DUI Mandatory Sentence will require the court to impose the following additional conditions of sentence or probation: DO NOT drive a motor vehicle without a valid license to drive and proof of financial responsibility; DO NOT drive a motor vehicle while having an alcohol concentration of 0.08 or more within two hours after driving; and DO NOT refuse a test of breath or blood to determine alcohol concentration upon lawful request of a law enforcement officer.

For any and each violation of these 3 mandatory probation conditions the court shall order the convicted person to be confined for 30 days, which shall not be suspended or deferred. This means that if you are convicted of a new DUI while on probation for a DUI and you did not have a valid license and you refused a breath test back at the station you would be required to serve 90 days in jail on top of whatever your sentence is for the new DUI conviction.

The penalties do not stop there because, for each and every incident involving a violation of a mandatory condition of probation imposed your license will be suspended or revoked by the court for 30 days and if it is already suspended or revoked at the time the of the probation violation is committed, it shall be extended by 30 days. Under the above scenario, this means that there would be an additional 90 days added to your current suspension or revocation.

The DUI laws in Washington are harsh, complex, and require a comprehensive and expertise understanding of their intricacies and overlap.  Jonathan provides that knowledge, skill, and dedication to your DUI charge.  In addition to this exceptional knowledge and skill level, Jonathan is proud of the exceptional “service” he and his staff provide to each and every client’s unique needs. If you are facing a DUI charge in Bellingham-Whatcom County, Mount Vernon-Skagit County, or Oak Harbor-Island County call now for a free consultation.