Case Name: Cause No.: Statement of Defendant on Plea of Guilty (223DUI224 Attachment) - Page 1 of 6 CrRLJ 04.0200 (07/2018) 226 CrRLJ 4.2(g) 223DUI224 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 226 DUI Sentencing Grid (RCW 46.61.5055 as amended by statute effective June 7, 2018) BAC Result < .15 or No Test Result No Prior Offense 1 One Prior Offense 1 Two Prior Offenses 1 Mandatory Minimum/ Maximum Jail Time 2 24 Consecutive Hours/364 Days 30/364 Days 90/364 Days If Passenger Under 16 Mandatory Jail Additional 24 Hours Additional 5 Days Additional 10 Days EHM/ or Jail Alternative 2 15 Days in Lieu of Jail 60 Days Mandatory . 120 Days Mandatory/8 Days Jail Min. Alternative to Mandatory Jail + EHM N/A At least 4 Days Jail+180 Da ys EHM 2 N/A Mandatory Minimum/ Maximum Fine 3 *** $990.50/$5,000 $1,245.50/$5,000 $2,095.50/$5,000 If Passenger Under 16 Minimum/Maximum 4 *** $1,000/$1,000 - $5,000 + assessments $1,000/$2,000 - $5,000 + assessments $1,000/$3,000 - $10,000 + assessments Driver 's License** 90 - Day Suspension 5 2 - Year Revocation 5 3 - Year Revocation If Passenger Under 16 II Device Additional 6 Months Additional 6 Months Additional 6 Months 24/7 Sobriety Program 2 If available If available If available Alcohol/Drug Ed./Victim Impac t or Treatment As Ordered As Ordered As Ordered Expanded alcohol assessment/treatment N/A Mandatory/treatment if appropriate Mandatory/treatment if appropriate II Device DOL imposed in all cases. BAC Result .15 or Test Refusal No Prior Offense 1 One Prior Offense 1 Two Prior Offenses 1 Mandatory Minimum/ Maximum Jail Time 2 48 Consecutive Hours/364 Days 45/364 Days 120/364 Days If passenger under 16 Mandatory Jail Additional 24 Hours Additional 5 Days Add itional 10 Days EHM/ or Jail Alternative2 30 Days in Lieu of Jail 90 Days Mandatory. 150 Days Mandatory/ 10 Days Jail Min. Alternative to Mandatory Jail + EHM N/A At least 6 Days Jail + 6 Months EHM 2 N/A Mandatory Minimum/ Maximum Fine 3 *** $1,245.50/$5, 000 $1,670.50/$5,000 $2,945.50/$5,000 If Passenger Under 16 Minimum/Maximum 4 *** $1, 000/$1,000 - $5,000 + assessments $1, 000/$2,000 - $5,000 + assessments $1,000/$3,000 - $10,000 + assessments Driver's License** 1 - Year Revocation 5 2 Years if BAC refused 900 - Days Revocation 3 Years if BAC refused 4 - Year Revocation If Passenger Under 16 II Device Additional 6 Months Additional 6 Months Additional 6 Months 24/7 Sobriety Program 2 If available If available If available Alcohol/Drug Ed./Victim Impact or Treat ment As Ordered As Ordered As Ordered Expanded alcohol assessment/treatment N/A Mandatory/treatment if appropriate Mandatory/treatment if appropriate American LegalNet, Inc. www.FormsWorkFlow.com Statement of Defendant on Plea of Guilty (223DUI224 Attachment) - Page 2 of 6 CrRLJ 04.0200 (07/2018) 226 CrRLJ 4.2(g) * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 5. ** Driver222s license minimum suspension/revocation. See note 5 for exceptions. DOL may impose more. *** Mandatory Minimum fines may be reduced, waived, or suspended if defendant is indigent, as provided by law. 1Prior 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). 223Prior offense224 is defined by RCW 46.61.5055(14)(a) to include226 Original Convictions for the following (including equivalent local ordinances): (1) DUI (RCW 46.61.502); (2) Phys. Cont. (RCW 46.61.504); (3) Commercial Vehicle DUI/Phys. Cont., RCW 46.25.110; (4) Watercraft DUI, RCW 79A.60.040(2); (5) Aircraft DUI, RCW 47.68.220, committed under the influence of intoxicating liquor or any drug; (6) Nonhighway vehicle DUI, RCW 46.09.470(2); (7) Snowmobile DUI, RCW 46.10.490(2); (8) Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) if either committed while under the influence; (9) 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. Cont., 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. If originally charged with Watercraft DUI (RCW 79A.60.040(2); but convicted of Operating a Watercraft in a reckless manner, RCW 79A.60.040(1), or an equivalent local ordinance. If originally charged with Aircraft DUI (RCW 47.68.220), but convicted of Operating an Aircraft in a careless or reckless manner, RCW 47.68.220, or an equivalent local ordinance. Deferred Sentences 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 deferred sentence was imposed for (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. 2Mandatory Jail, Electronic Home Monitoring (EHM), and 24/7 Sobriety Program: No prior offenses: Where there are no prior offenses with an arrest date within seven years before or after the arrest date of the current offense, the mandatory imprisonment may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender222s physical or mental well-being. The court may grant EHM instead of mandatory minimum jail. Instead of jail time or EHM in lieu of jail time, and when the alcohol concentration is (1) less than 0.15, the court may order a 90-day period of 24/7 sobriety program monitoring or (2) at least 0.15, the court may order a 120-day period of 24/7 sobriety program monitoring. One prior offense: Where there is one prior offense with an arrest date within seven years before or after the arrest date of the current offense, the mandatory imprisonment and EHM may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender222s physical or mental well-being. In lieu of the mandatory term of imprisonment and EHM, when alcohol concentration is (1) less than 0.15, the court may order a minimum of 4 days in jail, and either 180 days of EHM or a 120-day period of 24/7 sobriety program monitoring or (2) at least 0.15, the court may order a minimum of 6 days in jail and either 6 months of EHM or a 120-day period of 24/7 sobriety program monitoring, or a 120-day ignition interlock device requirement, or both. Two prior offenses: If there are two prior offenses with an arrest date within seven years before or after the arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum American LegalNet, Inc. www.FormsWorkFlow.com Statement of Defendant on Plea of G