The penalties for a third driving under the influence (DUI) offense in Washington State are more serious than those associated with an initial or second charge. If you are convicted of a DUI for a third time, you are subject to a mandatory jail sentence or electronic home monitoring (EHM). A Washington DUI defense lawyer may help you dispute your driving under the influence charge and avoid long-lasting consequences.
Puget Law Group (PLG) is a leading criminal defense law firm in Washington. Our team can review your DUI case. To get started, reach out to us.
Definition of Driving Under the Influence in Washington
According to the Revised Code of Washington (RCW) §46.61.502, an adult may be charged with driving under the influence if they have a blood alcohol concentration (BAC) of 0.08 or higher. They may also receive this charge if they are found to have a THC concentration of 5.00 or higher. To determine either concentration, a breath or blood test may be used.
A minor may be charged with a DUI. To be charged, an individual under 21 may have a BAC of 0.02 or higher. With THC, police officers may find this individual has a concentration of more than 0.00.
Each time you are convicted of a DUI, the penalties increase. At PLG, we can answer frequently asked questions and others about driving under the influence penalties. For more information, get in touch with us.
Third DUI Penalties in Washington
For a first DUI offense, a person is charged with a gross misdemeanor. This also applies to anyone who has up to two prior driving under the influence convictions within a seven-year period. As a gross misdemeanor, an individual may receive up to 364 days in jail or a fine of up to $1,000.
If you are convicted of driving under the influence for a third time, there is a mandatory minimum jail sentence of 90 days or up to 120 days of wearing an EHM device. You may be subject to up to one year in jail and a fine of up to $5,000. Along with these things, your driver’s license may be suspended for up to three years.
Other penalties may apply based on your charge. As an example, you may have a BAC above 0.15 at the time of your arrest. This may lead to a four-year suspension of your driver’s license in addition to other penalties.
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Third Offense DUI Felony
In terms of Washington’s classification of crimes, a felony is more severe than a misdemeanor. A DUI becomes a felony if someone has been convicted of four or more driving under the influence offenses within a 10-year span. Other times when someone may be charged with a felony due to a DUI include:
- Vehicular assault
- Vehicular homicide
- An out-of-state comparable offense
You can be charged with felony driving under the influence, even on a first offense. If this happens, you may incur up to five years in jail. You may also be subject to a fine of up to $10,000.
Third Offense DUI Pretrial Conditions
Expect the court to monitor your activities if you are charged with driving under the influence multiple times. The court may order you to remain in home detention while your case is pending. It may also require you to use an ignition interlock device (IID) or wear a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet.
An IID may be installed on any vehicle you drive. To start your vehicle, you will have to blow into the device. If you register a BAC above 0.025, your vehicle will not start.
You may wear a SCRAM bracelet around your ankle. The bracelet tests your sweat for alcohol at least once an hour. The bracelet is tamperproof, and you may not be able to legally remove it without the court’s authorization.
Third Offense Driving Under the Influence Treatment
Deferred prosecution may be an option to avoid jail time following a third DUI. This involves a two-year treatment program you complete in lieu of going to jail. Your progress is monitored as you go through the program, and at its conclusion, you may receive no further penalties.
Not all defendants qualify for deferred prosecution. To find out if this may be an option, consult with an attorney. Your lawyer and their legal team can help you determine if you may be able to negotiate a plea agreement.
Your attorney may suggest a treatment program to the prosecutor, which allows you to avoid a jail sentence. However, just because your lawyer proposes this program does not mean a prosecutor will accept it. If the prosecutor wants to pursue your conviction to the fullest extent, you may not qualify for a treatment program, and you may go to trial.
How to Defend Against a Third Offense DUI Conviction
You may be able to raise doubts about the validity of testing used as part of your arrest. For instance, your attorney may argue that a breath test machine cannot effectively differentiate between deep lung alcohol and mouth alcohol. If your lawyer succeeds, they may be able to get the breath test result dismissed as evidence, and the prosecutor may drop their case against you.
It may be beneficial to enroll yourself in a treatment program, even if you have not been offered deferred prosecution. The program will help you gain the skills you need to avoid future DUI offenses. Plus, your enrollment may show the court you are doing what you can to take care of your health and well-being.
Lastly, do not expect the prosecutor in your case to take it easy on you. By hiring an experienced DUI lawyer, you can put yourself in a strong position. Your attorney will consider how the prosecutor will build their case, then look for ways to dispute any claims against you.
Partner with a DUI Lawyer
Do not wait to build a legal strategy to contest a third DUI offense. PLG is here to help you with your case. To schedule a free consultation, contact us today.
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