In Washington State the criminal charge of DUI is a “gross misdemeanor.”  All crimes are defined by what the maximum possible penalty a judge could impose for such a crime. All gross misdemeanors, including DUI, have maximum penalties of one year in jail and a fine of $5,000.00. Some crimes, including the crime of DUI, also have “mandatory minimum” penalties which prohibit the judges from going lower then predetermined penalties if someone is convicted of an offense. These mandatory minimum penalties are laid out by the legislature and are based on certain factors. For DUIs, the factors that are taken into consideration when determining mandatory minimum sentences include: the number of prior DUI (or the like) offenses in the last seven years and whether or not the individual took the breath test and what those results were or if they refused to take the breath test in the pending matter. The following charts lay out the mandatory minimum penalties based on these factors.