Second Offense DUI in Washington

In Washington State, a person driving under the influence (DUI) of an intoxicating liquor or other drug commits a gross misdemeanor. Washington state follows the national measure of an alcohol concentration level (ACL) of .08 to measure inebriation. Washington is one of the few states that do not allow an affirmative defense that the driver was entitled to use the drug. A second DUI violation incurs both administrative and criminal penalties.

Administrative Penalties

Under Washington's DUI laws, administrative penalties for a second offense are based on the defendant's alcohol concentration level. A person convicted with a prior offense within seven years faces license revocation for two years if the driver's ACL was less than 0.15 or there are no conclusive test results other than test refusal. If the ACL was at least 0.15 or if the defendant refused testing, then the revocation period is for 900 days.

Criminal Penalties

Washington's DUI penalties for a second offense are also based on the defendant's ACL. A person convicted with a prior offense within seven years faces the following penalties:

ACL less than 0.15 or no conclusive test results other than test refusal:

• Imprisonment not less than 30 days but no more than one year; this sentence cannot be suspended or deferred unless the court finds that the minimum sentence imposes a risk to the defendant's physical or mental well-being
• 60 days of electronic home monitoring with an alcohol detection breathalyzer (at the cost of the offender)
• A fine not less than $500 nor more than $5,000; $500 of this fine may not be suspended or deferred unless the offender is indigent

ACL of at least 0.15 or no conclusive test results because of test refusal:

• Imprisonment not less than 45 days but no more than one year; this sentence cannot be suspended or deferred unless the court finds that the minimum sentence imposes a risk to the defendant's physical or mental well-being
• 90 days of electronic home monitoring with an alcohol detection breathalyzer (at the cost of the offender)
• A fine not less than $750 nor more than $5,000; $750 of this fine may not be suspended or deferred unless the offender is indigent

Lookback Period

In determining a prior conviction, the court may look at any similar violations as well as the criminal history within seven years prior to the current offense. This look back includes all previous convictions and orders of deferred prosecution.

Felony vs. Misdemeanor in Washington

Generally, a DUI in Washington state is a gross misdemeanor. However, a DUI becomes a classified felony upon four or more prior offenses within 10 years or where the defendant has previously been convicted of vehicular homicide or vehicular assault while under the influence. These violations are considered Class C felonies punishable by a maximum prison term of up to five years and a fine up to $10,000.

Plea Options

It is an affirmative defense to a violation under this section that the defendant consumed a sufficient quantity of alcohol after operating or driving a vehicle, but before a breath or blood test was administered, to cause a .08 ACL measure within two hours after driving. However, this evidence must be given to the prosecution prior to the pre-trial hearing. Any faults with the test results or equipment also provide a defense against charges. An experienced attorney will be able to plea out or plea down to avoid maximum sentencing.

Consult an Attorney

If you face a second DUI offense or similar charges in Washington state, you risk jail time up to one year and fines up to $5,000 if convicted. Talk with an experienced lawyer to discuss how to defend against possible prosecution.