DUI Third Offense in Washington
Callahan Law, P.S., Inc. Can Protect Your Rights
If someone you know has been arrested in Washington State for a third DUI,
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. The judge at the first hearing 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 a 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.
For a third DUI conviction within 7 years, with a breath alcohol result
less than .15, or a marijuana level of 5 ng or higher, or if the person
was driving under the influence of any drug, the penalties include:
Jail - Up to 364 days, but at least the minimum of 90 days in jail.
EHM - 120 days on electronic home monitoring at the person's own expense,
which may be converted to 8 days in jail.
Fine - The mandatory minimum fine is $2,045.50, including some assessments
but not probation fees. The maximum fine is $5,000.
License revocation - Upon conviction, DOL will revoke the driver's license for 3 years.
To reinstate it after that period, the person must acquire SR22 insurance
and pay a $150 fee.
Ignition interlock - The person may only drive vehicles equipped with an ignition interlock
device. This restriction will be imposed for 1 year if the person was
previously not restricted pursuant to a conviction. If previously restricted
for 1 year, the second time will be for 5 years, the third or subsequent
time will be for ten years. An additional 30 days applies if there was
a passenger in the vehicle under the age of 16 at the time the person
was driving under the influence.
Probation - The judge may impose up to 5 years of probation.
Other - The judge will require that the person obtain a chemical dependency
evaluation and submit to the course of treatment recommended, as well
as attend a court-approved DUI victim impact panel.
For a result of .15 or more, or if the officer claims the test was refused,
the penalties include:
Jail - The minimum sentence is 120 days, the maximum is 364.
EHM - Upon release from jail, the person has to do 150 days on electronic
home monitoring at their own expense. In the alternative, the person can
ask the judge to convert the EHM to 10 days in jail.
Fine - The fine, including most assessments, begins at $2,895.50 and is capped
at $5,000, not including probation fees.
License revocation - The revocation is for 4 years. To become licensed again the person must
submit to driver testing, obtain SR22 insurance, and pay a $150 reissue
fee to DOL.
Ignition interlock - Whether the person intends to drive or not, a 1 year, 5 year, or 10
year ignition interlock restriction will be imposed, depending on whether
the person has previously been restricted to drive only with an interlock
device. Another 30 days must be imposed if a passenger under 16 was in
the vehicle at the time of the DUI.
Probation - Probation length is a maximum of 5 years.
Other - A chemical dependency assessment is required, and the treatment recommendations
will be enforced by the court. Typically, attendance at a court-approved
DUI victim impact panel is also required by the court.
As one can see, a third DUI conviction within 7 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.
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,
Need DUI Defense? Turn to Our Washington DUI Lawyers Today.
If you or someone you love is facing a third DUI in Washington, you need
a lawyer who will really fight hard because no prosecutor will ever go
easy on a repeat offender. A DUI is a highly technical case that requires
extensive legal skill, knowledge and experience to win. Attorney Linda
M. Callahan and her team know how to defend even the most difficult of
cases with passion, integrity, and intensity.
for a free consultation at (253) 252-5841.