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Second DUI Offense

The penalties you may face

A second DUI offense in Washington State can carry very serious consequences. This is particularly so if your second DUI is within 7 years of the prior DUI because the judge has mandatory minimums that he or she cannot go below in sentencing. So, unless your charge can be reduced to a lesser offense, deferred, or you are acquitted at trial, you face pretty extreme penalties for a second DUI offense within 7 years.

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If you took the breath or blood test and it was less than .15, or more than 5 ng of THC, or if you were impaired by any drug in your system, even if there is no test result (but not because you refused the breath test), the penalties may Include:

1 Prior Offense in 7 years 2 Prior Offenses in 7 years
Min/Max Jail Time 30 days/ 364 days 90 days/ 364 days
Electronic Home Monitoring (EHM) 60 days mandatory 120 days OR a minimum of 8 additional days jail
Min/Max Fine (fees/ assessments, not including probation fees) $1,245.50 / $5k $2,095.50 / $5k
License Suspension/ Revocation (Day for Day Credit given for administrative suspension/ revocation) 2 year revocation 3 year revocation
Diagnostic substance use evaluation and follow recommendations. Expanded Evaluation Required Expanded Evaluation Required

Breath or Blood Alcohol Test Result .150 or Higher or Test Refused

1 Prior Offense in 7 years 2 Prior Offenses in 7 years
Min/Max Jail Time 45 days/ 364 days 120 days/ 364 days
Electronic Home Monitoring (EHM) 90 days mandatory OR 6 Days in Jail + 6 months EHM 150 days OR a minimum of 10 additional days jail
Min/Max Fine (fees/ assessments, not including probation fees) $1,670.50 / $5k $2,9455.50 / $5k
License Suspension/ Revocation (Day for Day Credit given for administrative suspension/ revocation) 900 day revocation | 3 years if BAC Refused 4 year revocation
Diagnostic substance use evaluation and follow recommendations. Expanded Evaluation Required Expanded Evaluation Required

**Ignition Interlock Device Restriction required in all cases (first IID restriction at least 1 year; 2nd IID restriction at least 5 years; 3rd at least 10 years)**

What are some other consequences for a 2nd DUI in Washington State?

Jail and EHM

Other serious consequences, not imposed by a judge, may result from the conviction for a Washington State second offense DUI. Few people can serve the lengthy jail sentence without losing their job. Electronic home monitoring is costly and at the offender’s expense. The second DUI conviction will show up in background checks for employment, by a landlord, or creditors. Canadian border guards will not permit you to cross into that country. You may be denied a rental car.

CDL Holders: Commercial drivers convicted of a second DUI, face a lifetime disqualification of the CDL.

Other Consequences

For anyone convicted of a DUI, insurance rates may skyrocket or the policy may be canceled. For a second offense, there is a greater likelihood that a chemical dependency evaluation will result in a recommendation for intensive treatment for alcohol or drug dependency. Aside from the toll, these consequences have on the person convicted, the person’s family may also suffer peripheral consequences.

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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.  This web site is not intended to solicit clients for matters outside of the state of Washington.