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Penalties for Second and Third DUI

Penalties for a 2nd and 3rd DUI offenses in Seattle

I have already explained that even a 1st time offender for DUIs come with severe consequences- ranging from:

  • License suspension or revocation, even if you are not convicted
  • Mandatory minimum sentences and jail time
  • A permanent criminal record if convicted
  • The installation of an ignition interlock device (IID)on your car
  • Electronic home detention (“house arrest”)
  • Substance treatment programs
  • Two or more years of formal or informal probation
  • Stiff penalties for probation violations

Enhanced Conditions

While a subsequent second or third time offender may face those same penalties as a first time offender, prosecutors will be much less inclined to negotiate any reduction of charges. Rather, you will face harsher fines, longer jail times, and enhanced conditions at your arraignment such as stricter conditions for your release, or imposed bail.

Lookback Period (aka Washout period)

Washington DUIs come with a 7 year "Lookback period," meaning that any period of time within 7 years you have received a prior DUI will be considered for sentencing purposes. It does not matter what state your prior DUI was in for the purposes of a 2nd or 3rd DUI sentencing in Washington- it will be counted.

To Summarize:

  1. A 1st Time Conviction in 7 years:
  2. A 2nd Time Conviction within 7 years:

Offense

Penalty

License Action

A DUI with under a 0.15% BAC

Jail: 1-364 days (or 15 days electronic home detention allowed)
Fine: $866-$5000
Interlock device: Required

90 day suspension

A DUI with over a 0.15% BAC

Jail: 2-364 days (or 30 days EHM allowed)
Fine: $1121-$5000
Interlock: Required

1 year revocation for BAC over 0.15%; 2 year license revocation for refusing a BAC test

Offense

Penalty

License Action

A DUI with under a 0.15% BAC

Jail: 30-364 days & 60 day electronic home detention allowed
Fine: $1121-$5000
Interlock device: Required; 1 year minimum

2 year license revocation

A DUI with over a 0.15% BAC

Jail: 45-364 days & 60 60 day electronic home detention allowed
Fine: $1546-$5000
Interlock: Required; 1 year minimum

2.5 year license revocation


3 year revocation for refusal of a BAC test

  1. A 3rd Time Conviction within 7 years:

Offense

Penalty

License Action

A DUI with under a 0.15% BAC

Jail: 90-364 days & 120 day electronic home detention allowed
Fine: $1121-$5000
Interlock device: Required; 1 year minimum

3 year license revocation

A DUI with over a 0.15% BAC

Jail: 120-364 days & 150 day
Fine: $2821-$5000
Interlock: Required; 1 year minimum

4 year license revocation

License Suspension

If your first DUI incident was either outside of the 7 year lookback period or did not result in an administrative action against your license, the Department of Licensing (“DOL”) will be treating your second DUI charge as a first offense for the purpose of administrative sanctions. It is important to remember these administrative sanctions are independent actions from the criminal justice system.

Alternatively, if you have had a prior license suspension for a first DUI, you face a 2 year license suspension. For repeat offenders, the suspension period can be 4 years or more.

Ignition Interlock Devices (IID)

If you have previously been ordered to install ignition interlock as a result of a first DUI conviction, then the minimum amount of IID time is 5 years. If you have previously been ordered to install an ignition interlock device for five years, then the minimum is increased to 10 years.

DUIs as Felonies

Felony DUIs in Washington are a Class C felony. Your sentence will be largely dependent on your criminal history, but if you have 4 or more prior DUI offenses within 10 years, you will be charged with a felony DUI. See RCW 46.61.502, 504.

Alternatively, you may also be charged with a felony DUI if you had a previous conviction of:

  • Vehicular assault while under the influence
  • Vehicular homicide while under the influence
  • Any out of state comparable offense

DUIs that result in injuries to others may also result in felony DUI charges, even if it is your first DUI. Felony DUIs are punishable by a minimum of 6-12 months to 5 years in jail and a $10,000 fine, or a combination thereof. Additionally as with all DUI charges, you will face roadblocks in employment prospects, securing housing if you have been convicted of a felony, or securing school loans.

Dedicated DUI Defense Attorney Serving Seattle, Bellevue, Kirkland, Everett, Snohomish, and the Puget Sound area in King County, Snohomish County, Skagit County, Whatcom County, and Kittitas County

Every driving under the influence (DUI) charge is a serious crime. While a first-time DUI carries significant penalties, those associated with multiple DUIs are much more severe. Increasingly, courts and prosecutors are being pressured to be tougher on subsequent second or third time offenders and are much less willing to bargain or strike compromises. Criminal Defense attorney Steve Karimi has extensive experience in criminal defense and will fight all your DUI charges and seek to reduce all charges whenever possible—so you can preserve your future. He has handled over 164 DUI cases and has demonstrated many successes for his clients. Your initial consultation is free and our rates are reasonable. Contact us at 206-621-8777 or online.

Contact Us

If you were arrested or a loved one has been charged with a crime in Seattle or surrounding areas of Washington State, the Law Offices of Steve Karimi can help. Call 206-621-8777 during regular business hours or 206-660-6200 24 hours a day for a free consultation.

Seattle Defense Lawyer

Named a "rising star" in criminal defense by Washington Law and Politics magazine, Mr. Karimi is a former prosecutor for King County who uses his insight into prosecution strategies to protect his clients' rights in criminal court.