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Statement Of Defendant On Plea Of Guilty (DUI Attachment) CrRLJ 4.2(g) - Washington
| Statement Of Defendant On Plea Of Guilty (DUI Attachment) Form. This is a Washington form and can be used in Guilty Plea Statewide . |
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Case Name: ____________________________ Cause No.: ____________________ "DUI" Attachment: Driving under the influence of alcohol and/or actual physical control of a vehicle while under the influence of alcohol and/or drugs. (If required, attach to Statement of Defendant on Plea of Guilty.) Court DUI Sentencing Grid (RCW 46.61.5055 as amended through August 1, 2012) BAC Result < .15 or One Prior Offense1 No Prior Offense1 Two or Three Prior No Test Result Offenses1 Mandatory Minimum/ 24 Consecutive 30/364 Days 90/364Days Maximum Jail Time2 Hours/364 Days EHM/Jail Alternative2 15 Days in Lieu of Jail 60 Days Mandatory/4 120 Days Mandatory/8 Days Jail Min. Days Jail Min. Mandatory Minimum/ $940.50/$5,000 $1,195.50/$5,000 $2,045.50/$5,000 Maximum Fine3 If Passenger Under 16 $1,000/$1,000-$5,000 $1,000/$2,000-$5,000 $1, 000/$3,000+ assessments + assessments $10,000 + assessments Minimum/Maximum4 Driver's License II Driver's License* II Device If Passenger Under 16 II Device Alcohol/Drug Ed./Victim Impact or Treatment BAC Result .15 or Test Refusal Mandatory Minimum/ Maximum Jail Time2 EHM/Jail Alternative2 Mandatory Minimum/ Maximum Fine3 If Passenger Under 16 Minimum/Maximum4 Driver's License II Driver's License* II Device If Passenger Under 16 II Device Alcohol/Drug Ed./Victim Impact or Treatment 90-Day Suspension DOL imposed 6 Months As Ordered No Prior Offense1 2 Consecutive/364 Days 30 Days in Lieu of Jail $1,195.50/$5,000 $1, 000/$1,000-$5,000 + assessments 1-Year Revocation 2 Years if BAC refused DOL imposed 6 Months As Ordered 2-Year Revocation DOL imposed 6 Months As Ordered One Prior Offense1 45/364 Days 90 Days Mandatory/ 6 Days Jail Min. $1,620.50/$5,000 $1, 000/$2,000-$5,000 + assessments 900-Days Revocation 3 Years if BAC refused DOL imposed 6 Months As Ordered 3-Year Revocation DOL imposed. 6 Months As Ordered Two or Three Prior Offenses1 120/364 Days 150 Days Mandatory/ 10 Days Jail Min. $2,895.50/$5,000 $1, 000/$3,000$10,000 + assessments 4-Year Revocation DOL imposed 6 Months As Ordered Department of Licensing Required Ignition Interlock Device Requirements, RCW 46.20.720(3)(4) January 1,2011* Requirement No Previous Restriction Previous 1-Year Restriction Previous 5-Year Restriction no less than: no less than: no less than: II Device 1 Year 5 Years 10 Years Restriction effective, until IID vendor certifies to DOL that none of the following occurred within four months prior to date of release: an attempt to start the vehicle with a BAC of .04 or more; failure to take or pass any required retest; failure of the person to appear at the IID vendor when required. * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 4. Statement of Defendant on Plea of Guilty ("DUI" Attachment) - Page 1 of 6 CrRLJ 04.0200 (07/2012) CrRLJ 4.2(g) American LegalNet, Inc. www.FormsWorkFlow.com Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within seven years before or after the arrest date on the current offense. RCW 46.61.5055(14)(b). "Prior offense" is defined by RCW 46.61.5055(14)(a) to include Original Convictions for the following: (1) DUI (RCW 46.61.502) (or an equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or an equivalent local ordinance); (3) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence; (4) Equiv. out-of-state statute for any of the above offenses. Deferred Prosecution Granted for the following: (1) DUI (RCW 46.61.502) (or equivalent local ordinance); (2) Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance); (3) Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). An equivalent out-of-state deferred prosecution for DUI or Phys. Contr., including a chemical dependency treatment program. If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in RCW 46.61.5055(14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing. Amended Convictions for the following: If originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522); but convicted of (1) Neg. Driving 1st (RCW 46.61.5249), (2) Reckless Driving (RCW 46.61.500), (3) Reckless Endangerment (RCW 9A.36.050), (4) Equiv. out-of-state or local ordinance for the above offenses. If originally charged with Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug; but convicted of Veh. Hom. or Veh. Assault committed in a reckless manner or with the disregard for the safety of others. 2 Mandatory Jail and Electronic Home Monitoring (EHM): If there are prior offenses within seven years before or after the arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum statutory term and may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. The mandatory statutory term may not be converted to EHM. Bremerton v. Bradshaw, 121 Wn.App. 410, 88 P.3d 438 (Div. Two 2004). Where there are no prior offenses within seven years, the court may grant EHM instead of mandatory minimum jail. If there are prior offenses, the mandatory EHM may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Instead of mandatory EHM, the court may order additional jail time. RCW 46.61.5055(1), (2), (3). Mandatory Conditions of Probation for any Suspended Jail Time: The individual is not to: (i) drive a motor vehicle without a valid license to drive and proof of financial responsibility (SR 22), (ii) drive while having an alcohol concentration of .08 or more within two hours after driving, (iii) refuse to submit to a test of his or her breath or blood to determine alcohol 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. Except for igniti
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