second offense DUI

Penalties you may face on a Second DUI Offense

A second offense DUI 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.
You need a knowledgeable attorney to help put together a proper defense for you. We handle DUI cases with priors every day successfully. Call today for your free consultation.

2nd Offense DUI - Sentencing Grids

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

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What are some other consequences?

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 a 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.

Insurance Rates

For anyone convicted of a DUI, insurance rates may skyrocket or the policy may be canceled.

Chemical Dependency Treatment

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.

DUI Case Results

**Updated 08/03/2023**

9 0 %

DUI's Reduced

DUI's Dismissed

DUI's > Neg 1

DUI's > Reckless Driving

DOL Hearings Won

“Tough DUI Laws Require Tough DUI Lawyers”

Linda M. Callahan

plan of action

know your rights

Washington State has some of the toughest DUI laws in our nation. These laws carry increasingly severe penalties for those who drink and drive. Washington lowered the BAC limit from .10 to 0.08 in January of 1999. Drivers with a blood-alcohol concentration (BAC) at .08 or above can now be convicted of driving under the influence of alcohol. In addition, because public sentiment is so very negative toward drunk drivers, prosecutors will often pursue a DUI conviction even when the driver’s test result is well under .08! This is possible because they can obtain a conviction if they can show the person drove while “affected by” alcohol, and/or marijuana or any drug, including prescription or over-the-counter medications.

3rd Offense DUI

4th Offense DUI

Deferred Prosecution (DP)

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