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.

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.

4th Offense DUI

Deferred Prosecution (DP)

Felony DUI

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