Washington DUI Second Offense Attorneys
The Penalties You May Face
In the state of Washington, a DUI second offense 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.
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 testing),
the penalties may Include:
Jail - The judge may impose a maximum of 364 days in jail, but must impose
at least 30 days.
EHM - The judge must impose at least 60 days of electronic home monitoring
(EHM) in addition to the jail sentence, or convert the EHM time to jail
time at the rate of 1 day in jail for every 15 days on EHM.
Fine - The fine and statutory assessments will cost at least $1,195.50, plus
probation fees, but the fine itself could go as high as $5,000.
License revocation - You will lose your license, permit or privilege to drive for 1 year
if you took the test, or for 2 years if you refused. You will need to
get SR22 insurance and pay a $150 reissue fee to reinstate your license.
Driver testing is required after any license revocation.
Ignition interlock - DOL will require that you have a functioning ignition interlock device
on any vehicle you drive. The cost of leasing the device depends on the
company you choose. The length of time you are restricted to driving with
such a device depends upon whether or not you have previously been restricted,
pursuant to a conviction, to drive only vehicles equipped with such a
device. If you have not previously been restricted, the ignition interlock
requirement is for 1 year. If you have previously been restricted for
1 year, you will now have to have it for 5 years, and if you previously
had to have it for 5 years, you will now have to have it for 10 years.
Add 30 days to that if there was a passenger in the car under 16 when
you were arrested.
Probation - The judge has the authority to place you on probation for up to 5 years.
Other - You have to get a chemical dependency evaluation from a state-approved
agency and complete the recommended treatment, if any. You may also have
to attend a DUI victim impact panel.
If your test result was .15 or higher, or you refused the test, the penalties
could be the following:
Jail - The judge must sentence you to at least 45 days in jail, but may sentence
you up to a maximum of 364 days.
EHM - You will have to be on house arrest (electronic home detention) for
90 days after you are done with jail, or the court may convert the EHM
time to 6 days in jail
Fine -The fine, with statutory assessments, starts at $1,620.50. The maximum
fine is capped at $5,000, plus probation fees
License revocation - If you took the test, your license or permit or driving privilege will
be revoked for 900 days and to get it back afterward, you have to get
high-risk insurance, also known as SR22, and pay a reissue fee of $150.
If you refused the test, a 3-year revocation is required; SR22 and a $150
reissue fee are required to reinstate your license once you are eligible
to drive again. Following a license revocation, a person must pass driver testing.
Ignition interlock - At least a 1 year ignition interlock restriction will be imposed, and
you will not be able to reinstate your license unless you have such a
device installed. The ignition interlock restriction is for 1 year, 5
years, or 10 years, depending on whether you previously were ordered to
have such a device; if a passenger under the age of 16 was in the car
during the incident, another 30 days is added.
Probation - The court may impose a maximum of 5 years' probation.
Other - Even if you were previously evaluated for chemical dependency, you will
have to be re-evaluated and do whatever treatment is recommended for your
diagnosis, including attending a court-approved DUI victim impact panel.
What Are Some Other Consequences?
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 extensive 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.
Commercial drivers convicted of a second DUI face a lifetime disqualification
of their CDL. For anyone convicted of a DUI, insurance rates may skyrocket
or the policy may be cancelled. 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.
Callahan Law, P.S., Inc. Is Ready to Fight for You
A second offense DUI in Washington State is always more difficult to defend
than a first offense; people in this situation are in great need of an
experienced and well-informed DUI lawyer. A lawyer who will leave no stone
unturned, no thread unraveled in their defense. You've found a firm
that does this every day, led by Attorney Linda M. Callahan, the respected
author of the largest, most relied upon legal book on DUI in Washington,
the Washington DUI Practice Manual.
For skilled legal guidance, contact us today. Our DUI lawyers have offices in Tacoma, Seattle, and Shelton.