What Is the Most Common Sentence for a First DUI in Washington?

Driving under the influence (DUI) is one of the most common criminal charges in Washington. For many people, a DUI arrest is their first experience with the criminal justice system. Understandably, the biggest question defendants ask is: What is the most common sentence for a first DUI in Washington?

While the exact outcome depends on the facts of the case, Washington law sets specific mandatory minimum penalties for first-time DUI offenses. The court must impose at least those minimums, and prosecutors often pursue more. Below, we explain what the law requires, what penalties first-time offenders usually face, and how local courts in Tacoma and Pierce County typically handle these cases.

For help with your case from our Tacoma, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Is a First DUI in Washington a Misdemeanor or Felony?

In Washington, a first DUI offense is generally charged as a gross misdemeanor under RCW 46.61.502 and RCW 46.61.5055. A gross misdemeanor is more serious than a simple misdemeanor and carries the following maximum penalties:

Up to 364 days in jail
Up to $5,000 in fines

A DUI only rises to the level of a felony in specific circumstances, such as when a driver has three or more prior DUI offenses within 10 years, or if the incident involves a vehicular assault or vehicular homicide. For most first-time offenders in Pierce County, the charge will remain a gross misdemeanor.

What Are the Mandatory Minimum Penalties for a First DUI?

The law requires judges to impose certain penalties in every first DUI conviction. These mandatory minimums are based on the driver’s blood alcohol concentration (BAC) or whether they refused a chemical test. According to RCW 46.61.5055, the minimums are:

BAC under 0.15% (or no test result): At least 24 hours in jail or 15 days of electronic home monitoring, plus a fine of at least $990.50.
BAC of 0.15% or higher, or refusal of a breath/blood test: At least 48 hours in jail or 30 days of electronic home monitoring, plus a fine of at least $1,245.50.

These penalties are non-negotiable. Judges may not reduce them below the statutory minimum, though some parts of the sentence can be converted to electronic home monitoring instead of jail.

What Additional Penalties Come With a First DUI in Washington?

In addition to jail and fines, a first DUI conviction in Washington carries other penalties that can disrupt your life long after the case ends. These include:

Driver’s license suspension:
- 90 days for a BAC under 0.15%
- One year for a BAC of 0.15% or higher
- Two years for test refusal
Ignition interlock requirement: Drivers must install and maintain an ignition interlock device, usually for one year after license reinstatement.
Probation: Courts typically impose probation for up to five years, during which defendants must comply with all court-ordered conditions.
Substance use evaluation and treatment: Most defendants are ordered to undergo an alcohol or drug evaluation, and many must complete recommended treatment or classes.

What Is the Most Common Sentence for a First DUI?

Although the law sets maximums, most first-time DUI offenders in Pierce County receive a sentence closer to the minimums. The “most common” sentence for a first DUI in Tacoma or surrounding courts usually includes:

24 to 48 hours in jail (or the electronic home monitoring equivalent)
A fine between $1,000 and $1,500 plus court costs and fees
A license suspension of at least 90 days
Ignition interlock device requirement for one year
Five years of probation with standard DUI conditions

This means that while a first DUI is technically punishable by nearly a year in jail, most defendants serve only a day or two, or complete home monitoring instead. Still, the combination of fines, fees, license suspension, and probation conditions makes even the most common first-time DUI sentence very disruptive.

Example of a First DUI Case in Tacoma

To illustrate, here is a hypothetical example based on how Pierce County courts often handle a first DUI:

John is stopped in Tacoma after swerving on I-5. His BAC is measured at 0.12%. He has no prior DUIs and cooperates with police.

At sentencing, the court imposes:

24 hours in jail (converted to 15 days of electronic home monitoring)

A fine of $1,000 plus fees

A 90-day license suspension

One year with an ignition interlock device

Five years of probation with alcohol treatment requirements

This example reflects a common outcome for first-time offenders with a BAC under 0.15%. If John’s BAC had been 0.16% or higher, or if he had refused the test, his mandatory penalties would have been harsher.

Factors That Can Increase the Sentence

Even for a first DUI, certain factors can push the sentence above the minimum:

High BAC (0.15% or more)
Refusal of a breath or blood test
Having a passenger under age 16 in the vehicle
Causing an accident with injury or property damage
Reckless driving or excessive speeding

Judges may also take into account the defendant’s attitude, cooperation, and willingness to participate in treatment programs.

How to Reduce the Impact of a First DUI

If you are facing a first DUI charge in Tacoma or Pierce County, there are steps you can take to reduce the consequences:

Request a hearing to challenge your license suspension through the Department of Licensing.
Speak to a DUI defense attorney immediately to discuss options such as deferred prosecution or negotiating reduced charges.
Complete an alcohol or drug evaluation early, and follow treatment recommendations to show good faith.
Do not assume that the minimum penalties are automatic—an attorney can sometimes negotiate more favorable terms.

Call Our Tacoma DUI Defense Lawyers for Help

Even though most first DUIs in Washington are sentenced at or near the minimum penalties, the long-term impact on your driving record, insurance, and personal life can be serious. If you are facing a DUI in Pierce County, you need strong legal representation to protect your future.

For help with your case from our Tacoma, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.