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3rd Offense DUI
Penalties you may face
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.
3rd 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 |
What are some other consequences?
Jail and EHM
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.
CDL Holders
Commercial drivers convicted of a second DUI, face a lifetime disqualification of the CDL.
Employment
Aside from the legal, statutory consequences, employment is often lost due to the person’s extensive confinement.
Canada
If convicted you may be inadmissible to Canada and will not be let in unless “rehabilitated” if eligible under Canadian law.
Chemical Dependency Treatment
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.
“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.
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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.
