Not all DUI charges in Washington are the same. If your blood alcohol content was .15 or higher at the time of your arrest, you're looking at an "aggravated DUI", what Washington law treats as a more serious offense with steeper mandatory minimums. If you've been charged with DUI in Yakima County or Kittitas County and you're wondering whether your BAC matters, the short answer is yes, significantly.
Here's how the two tiers compare.
Standard DUI in Washington (.08-.149 BAC)
A first-offense DUI with a BAC between .08 and .149 carries the following mandatory minimums in Washington:
1 day in jail (or 15 days of electronic home monitoring)$350 base fine (actual costs with fees are typically much higher)90-day license suspension for a first offenseIgnition Interlock Device required for a minimum of 1 yearProbation of up to 5 years
These are minimums. Judges have discretion to impose more.
High BAC DUI in Washington (.15+ BAC or Refusal)
Washington treats a BAC of .15 or higher, and a refusal to take a breath test, the same as a high BAC for sentencing purposes. The mandatory minimums jump considerably:
2 days in jail (or 30 days of electronic home monitoring)$500 base fine1-year license suspension (vs. 90 days for standard)Ignition Interlock Device required for a minimum of 2 years on first offenseProbation of up to 5 years
A breath test refusal also adds a separate DOL-imposed license suspension of one year under Washington's implied consent law, on top of any court-ordered suspension.
Why the High BAC Tier Matters for Defense
When a client comes to me with a .15+ result, I'm looking at two parallel tracks: the criminal case and the DOL administrative proceeding. They run at the same time and have different deadlines. Missing the DOL hearing request deadline (typically 20 days from arrest) can mean an automatic license suspension that kicks in regardless of how the criminal case goes.
On the criminal side, a high BAC doesn't mean no defense exists. The breath test can still be challenged, calibration records, operator certification, the 15-minute observation period, and partition ratio variability are all legitimate issues to examine. The goal isn't always a complete dismissal; sometimes it's getting a charge reduced to a standard DUI, to a reckless driving, or negotiating terms that minimize the jail and interlock requirements.
Prior Offenses Make Everything Worse
If you have a prior DUI within seven years in Washington, the mandatory minimums for both tiers increase dramatically, we're talking 30 to 90 days in jail even for a standard second offense. For a high BAC second offense, you're looking at 45 days minimum. This is why your case history matters so much, and why getting proper representation early is critical.
If you've been charged with DUI in Yakima County, whether standard or high BAC, call for a free consultation: (509) 293-7593.
Tony Swartz is a DUI defense attorney in Ellensburg, WA, representing clients in Yakima and Kittitas Counties.