Mandatory conditions of probation even for first offense DUI
Under Washington state DUI law, not only are there mandatory penalties (jail, etc) upon conviction, but there are also mandatory penalties for certain types of probation violations. Upon a DUI conviction, the judge is required to order the defendant to comply with the following mandatory conditions of probation: (1) Don't drive without a valid license and insurance; (2) Don't drive with an alcohol concentration of .08 or more within two hours after driving, and (3) Don't refuse to submit to a test of breath or blood to determine alcohol concentration upon lawful request of a police officer. There are other conditions of probation that are imposed upon a DUI conviction, but these are the "mandatory conditions" of probation.
Penalty for violating mandatory conditions of DUI probation
The law states in relevant part as follows: "The court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred." In addition, for each incident that constitutes a violation of a mandatory condition of probation, the license suspension then in effect will be extended by 30 days.
Does this mean I will go to jail for 30 days due to a violation of mandatory probation?
This depends upon the jurisdiction and the judge. In many jurisdictions throughout Washington state, judges have interpreted this section to require the imposition of a minimum of 30 days jail. However, the statute does not use the word "jail." Rather, the term that is used is "confinement." Depending upon the nature of the probation violation, and the steps taken by the accused after the probation violation, it is possible to argue that "confinement" includes non--jail alternatives, such as electronic home monitoring.
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