Penalties for a Second Offense DUI in Washington State

The penalties for a second driving under the influence (DUI) in Washington State extend beyond those for an initial offense. These may include a jail sentence and a fine. A Washington DUI defense lawyer can help you dispute a charge so you can avoid the consequences that come with a second driving under the influence conviction. 

Puget Law Group (PLG) is one of the top criminal defense law firms in Washington. Our team can help you contest a DUI charge. To learn more, reach out to us.

Second Offense DUI Penalties in Washington State

The Revised Code of Washington (RCW) §46.61.502 outlines when someone can be charged with driving under the influence. The penalties for a second DUI charge are more severe than those associated with a first offense. They include:

• Maximum of one year in jail
• Maximum fine of $5,000
• Minimum of 30 days in jail or 60 days of wearing an electronic home monitoring (EHM) device 
• Minimum driver’s license suspension of two years

There are instances where some of these penalties may escalate. For example, you may have a blood alcohol concentration (BAC) of 0.15 or higher at the time of your arrest. In this example, the mandatory minimum for jail time climbs to 45 days, and the required minimum for wearing an EHM device goes up to 90 days.

Look Back Window for DUIs

There is a seven-year look-back period for driving under the influence convictions in Washington. This means the court will consider any DUI convictions you received over the past seven years as it considers your sentencing. If you were previously convicted of a DUI within this period, the court will punish you accordingly.

If you were convicted for driving under the influence in the past seven years, this information will show up on your criminal record. Someone can request a criminal history report for you as part of a background check for employment or housing. They may use the conviction you once received as a reason to reject your employment or housing application.

The team at PLG understands the look-back window for DUIs. If you are dealing with a second driving under the influence charge, we can help you find a way to contest it. For more information, get in touch with us.

Ignition Interlock Device for a Second Offense DUI

An ignition interlock device (IID) detects a person’s BAC before they can start their car. If the concentration is 0.25 or higher, this individual cannot operate their vehicle. This helps prevent a driver from getting behind the wheel while they are under the influence.

If a driver gets a second DUI conviction in Washington, they are legally required to have an IID in their car for five years. They cannot have the device removed unless they meet all of the court’s requirements. This individual must also have the device installed on any vehicle they drive.

Along with requiring an IID, you may have to complete alcohol treatment and be put on probation after a second driving under the influence conviction. The treatment and probation may be in place for five years. These penalties may be imposed in conjunction with jail time and fines.

Second DUI Arraignment

The initial court hearing following a second DUI arrest is referred to as an arraignment. At this time, the court may require you to wear an alcohol monitoring device around your ankle. This may be used as an alternative to sending you to jail.

You may be subject to Secure Continuous Remote Alcohol Monitoring (SCRAM) 24/7. The SCRAM bracelet tracks your alcohol levels twice an hour. It is tamperproof, so you cannot take it off until the court says it is OK to do so.

Wearing a SCRAM bracelet may sound uncomfortable, but the device can usually be hidden beneath long pants. If you have this device, you may wear it instead of having to spend time in jail. As long as you follow the court’s orders, you can wear the bracelet and may be able to avoid severe penalties relating to a DUI conviction.

How to Avoid a Second DUI Conviction

Every driving under the influence conviction is different, and how you dispute the charge against you depends on the facts of your case. A DUI lawyer can take a look at your case and answer frequently asked questions and many others about driving under the influence legal strategies. They may recommend deferred prosecution in lieu of jail time or a fine that involves the following phases:

Intensive Outpatient Alcohol Treatment

You attend an outpatient treatment program for a minimum of 72 hours over a 12-week period. This may involve multiple group sessions per week. These may be set up in a way that lines up with your day-to-day schedule.

Outpatient Treatment

You go to a group session once a week for six months. Each session may help you develop strategies you can use to cope with an alcohol problem. In addition to the fact that you can avoid jail time and a fine, the sessions may provide you with knowledge and insights you can use to drive safely long into the future.

Monthly Monitoring

In the final months of your treatment program, you attend at least one monthly group or individual session. This helps you stay on track with your treatment. It also gives you an opportunity to share any concerns or questions with people who can help you out.

Partner with an attorney who has a track record of success with DUI cases. This lawyer can provide details about their prior case results and how they have helped those facing second-offense DUI convictions. They can work with you to prepare a legal strategy that helps you achieve your desired result.

Contest a Second DUI Charge

The team at PLG has more than 150 combined years of legal experience. We are available to help you with your second DUI charge. To schedule a free consultation, contact us today.