A DUI in Washington is a gross misdemeanor meaning that it is punishable by up to 365 days in jail.  Only in the most extreme cases is one actually sentenced to that amount.  There are, however, mandatory minimum jail sentences that must be given if a person is convicted for DUI. That mandatory time is based upon a combination of a person's DUI history as well as the level of their breath test or whether they refused to take a breath test.  See Washington DUI Sentencing Grid.           

Over the years, primarily due to budget cuts, jail alternatives have slowly fallen by the way side. Many counties used to operate non "jail" alternatives to satisfy jail requirements. Whether it was Snohomish County's DUI "jail" set up at the Evergreen State Fairgrounds or King County's North Rehabilitation Facility (NRF) most counties have scrapped these programs in favor of booking people straight into county or city jails. Most jurisdictions will still allow a person to choose which jail they would prefer and make no mistake about it, some are much better than others.

On first offense convictions one can choose to spend 15-30 days of electronic home monitoring in lieu of one to two days in jail. Some judges will even allow three days of work crew to satisfy one day in jail.

Like any other area of Washington DUI Law, there is a huge disparity amongst outcomes that varies on jurisdiction, court, judge, and prosecutor. Contact one of our Washington DUI Lawyers to discuss the specifics of your case.