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:
For a result of .15 or more, or if the officer claims the test was refused, the penalties include:
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, and insurance.
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. Contact our office to speak with a DUI attorney in Tacoma, Seattle, or Shelton, WA.
Call us for a free consultation at (253) 252-5841.