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Unlike their driving equivalent, BUIs do not carry any mandatory penalties. Where even a first time DUI conviction will assure an individual of jail time, a license suspension, an order of ignition interlock, and high risk insurance, BUIs do not carry such “mandatory” punishment. Since BUI is a misdemeanor, they are punishable by up to 90 days in jail and a $1000 fine. And whereas a DUI conviction will place five years of probation upon an individual, a BUI conviction will require a maximum of two years probation.
Additionally, while a DUI conviction will require a minimum one year ignition interlock requirement, a BUI conviction, theoretically, should not. The ignition interlock statute reads as follows:
(1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock. The court shall establish a specific calibration setting at which the interlock will prevent the vehicle from being started. The court shall also establish the period of time for which interlock use will be required.
(2) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance.
Using a plain language interpretation of this statute, it appears that under section (1) a court gains jurisdiction to impose this requirement after a “period of suspension.” But as discussed previously, a person accused of BUI will never have their drivers’ license placed in jeopardy, either by the Coast Guard or by the Court. Furthermore, a court may not impose the IID requirement under section (2) of the statute as that clearly requires a conviction for DUI or Physical Control. Finally, the misdemeanor sentencing statute does not provide the court with authority to require an ignition interlock. |
