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Third DUI in Washington State

What to expect?

If you or someone you know, has been arrested on their 3rd DUI offense in Washington State; they will very likely need to post bail to be released from jail.

  • Cash or a bail bond will have to be posted with the court to secure their release after a third DUI.
  • At the first hearing, the judge may require that the person wear an ankle GPS bracelet or carry a portable breath alcohol monitoring device during the time their case is pending.

Hefty consequences are imposed upon a third DUI conviction in Washington State, even if the priors were a long time ago or in another state.

  • The judge must sentence the person to certain mandatory minimums if this is the third offense in 7 years.
  • However, the judge can always impose up to the maximum penalty allowed by the law, even if the prior offenses occurred outside of that time period.

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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)**

How a 3rd DUI Offense can affect your everyday life.

Jail

As one can see, a third DUI conviction within seven years brings very harsh consequences, but even if the prior offenses are outside of 7 years, the consequences may be similar, or worse, such persons often are required to serve the maximum sentence of 364 days in jail.

Other Consequences

Aside from the legal, statutory consequences, employment is often lost due to the person’s extensive confinement. A commercial driver will lose their CDL for a lifetime upon a second DUI conviction.

A DUI conviction remains on the person’s criminal record for life and must never be vacated.

They are inadmissible to Canada and will not be let in unless “rehabilitated” if eligible under Canadian law.

Chances are pretty high that the person will be required to undergo chemical dependency treatment by court order. Such treatment programs are costly, adding to the already mounting costs of fines, ignition interlock, probation fees, and insurance.

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If you or a loved one has been arrested for drunk driving, give us a call today to discuss your case.

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Copyright 2017 |  Callahan Law, P.S., Inc.

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.