A second DUI in Washington State can carry with it very serious consequences. The "look back window" for second offense DUI is seven years in Washington State. Additionally, Washington state has harsh mandatory minimum jail time on a second offense DUI. This means that if you are convicted for a 2nd DUI you will serve a mandatory 30-45 days in jail depending on you level of intoxication at the time of arrest.
SPECIAL ARRAIGNMENT CONDITIONS AT A SECOND DUI ARRAIGNMENT
Your first court date for a 2nd DUI is called an arraignment. At this court date it is likely that you may be required to wear a SCRAM or TAD alcohol monitoring device around your ankle. The Secure Continuous Remote Alcohol Monitor (SCRAM) is an alternative to jail. Many people attend work with the device on and are able to cover it up with the use of long pants or socks.
PENALTIES FOR A SECOND DUI CONVICTION WITHIN 7 YEARS IN WASHINGTON STATE
If you are convicted of a second DUI within 7 years in Washington State the penalties include:
- Mandatory 30-45 days jail.
- House arrest for a period of 60 days after your initial jail term is finished.
- Up to $5,000 in fines.
- Loss of drivers license for a period of one - three years.
- Ignition Interlock Device (IID) for a period of 5 years.
- SR-22 Insurance for a period of 3 years.
- Alcohol Treatment for up to 5 years.
- Probation for up to 5 years.
HOW CAN I AVOID A SECOND DUI CONVICTION AND AVOID JAIL TIME?
There are several ways to avoid a DUI conviction if you are charged with a second DUI within 7 years. These are all possibilities depending on your particular situation and the facts of your case:
- Have the DUI charged reduced to a lesser offense.
- Have the case dismissed through pre-trial motions to dismiss
- Proceed to a jury trial and receive a verdict of NOT GUILTY
- Opt for a Deferred Prosecution with alcohol treatment
WHAT IS A DEFERRED PROSECUTION?
A deferred prosecution (DP) is an alternative to jail or jury trial. However, it can be intense, costly and last for a long period of time. A deferred prosecution is a alcohol treatment program that can last between two - five years. I have outlined a typical deferred prosecution treatment program below.
Deferred Prosecution - Minimum Program Outline:
Phase I – Intensive outpatient treatment
This phase consists of attending a minimum of 72 hours of treatment within twelve weeks. The two most common ways this is completed is by attending three, three hour groups per week for eight weeks or by attending four, two hour groups per week for nine weeks.
Phase II – Outpatient treatment
This phase consists of attending a minimum of one weekly group sessions for the next 6 months (26 weeks).
Phase III – Monthly monitoring
This phase consists of attending a minimum of one session monthly (group or individual) for the remaining months of the two year treatment program.
Phase IV - After the two years is finished:
Most courts extend jurisdictions in deferred prosecution cases for up to five (5) years. During the last three (3) years of the program the judge may require you to attend regular AA meetings to ensure you do not relapse and drink alcohol.
A second DUI will present many more challenges than your first DUI did. Consultation with an experienced DUI attorney can help you navigate the court system and the process of avoiding long mandatory jail sentences. There are no easy answers on a second DUI charge. But we're here to help.