Law Blog

DUI & Physical Control Probation

Courts impose a number of mandatory and case-specific conditions on a defendant when ordering probation.  Some require affirmative acts – such as getting a drug and alcohol evaluation, completing recommended treatment, and participating in a victim impact panel.  Other conditions are prohibitive – do not refuse a valid request for breath or blood to determine alcohol concentration, do not drive without a functioning interlock, etc.  If you are alleged to violate a condition of probation, a review hearing will be held and the judge will determine if you should face additional sanctions.

​In some cases, the judge has discretion; he or she can waive further penalties, order you to do a short stint in jail, or perhaps perform some community service.  However, according to RCW 46.61.5055(11)(a), there are 5 mandatory conditions of DUI or Physical Control probation you absolutely don’t want to violate:

(i) do not drive a motor vehicle without a valid license to drive;

(ii) do not drive a motor vehicle without proof of liability insurance or other financial responsibility;

(iii) do not drive or be in physical control of a motor vehicle and have a BAC 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) do not refuse to submit to a test of 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 … while under the influence of intoxicating liquor or drug; and

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

You absolutely do not want to violate these conditions, as they carry a MANDATORY sanction of 30 days in jail FOR EACH VIOLATION.  The jail time CANNOT be suspended or deferred.  Even worse, RCW 9.94A.589 (1)(d) requires that the time served for each violation must run CONSECUTIVELY.  In practice, this means that if a defendant is found to violate 3 of the above conditions, they MUST serve 90 days, 30 days for each violation.  The judge is not given discretion to have the sentences run concurrently.

In addition to jail time, you could face job, housing, and family consequences.  If you have been charged with violating a condition of DUI or Physical Control probation, call Ember Law today.