What is Minimum Jail Time for a 2nd DUI?
Unfortunately, if you are convicted of a 2nd DUI offense in WA State, you are required to serve at least 30 days in jail as the minimum sentence. You will also have to be supervised by electronic home monitoring for 60 days, which will likely cost you between $13 to $18 per day.
What is Maximum Jail Time for a 2nd DUI?
You can be sentenced to up to 364 days in jail for a second DUI conviction. However, it is unlikely that you would serve the maximum jail sentence for a DUI conviction in Washington State counties that include Pierce, King, Snohomish, Kitsap, & Thurston County.
What if my 2nd DUI was a Refusal or I had a High Breath Test?
The minimum jail time requirement is increased to 45 days if your blood alcohol content (BAC) was .15 or above or if you refused a required breath or blood test. The maximum jail sentence is still 364 days, since a high breath test DUI or DUI refusal is normally not charged as a felony. Electronic home monitoring is required for 90 days.
What Counts as a Prior DUI in WA State?
An offense is considered a prior DUI for sentencing purposes if it occurred within the last 7 years. The prior charge or resolution could have been any of the following:
- DUI
- Physical Control
- Vehicular Homicide
- Vehicular Assault
- Negligent Driving 1st Degree (if originally charged as DUI)
- Reckless Driving (if originally charged as DUI)
- Reckless Endangerment (if originally charged as DUI)
- A deferred prosecution that was successfully or not successfully completed
How do I Avoid a 2nd DUI Conviction?
Compared to a first DUI arrest, prosecutors are much more aggressive when charging a 2nd DUI offense. There is political pressure to harshly punish repeat DUI offenders in Washington State. Without a strong attorney, it’s unlikely that your outcome will be favorable.
It is a good idea to speak to a DUI attorney who works in the jurisdiction that you were arrested in as soon as possible. The right defense can prevent you from going to jail and having to deal with harsh criminal & civil consequences.
At Beckwith DUI Law, we have the experience & focus to fight for repeat DUI offenders in King County, Pierce County, Snohomish County, Kitsap County, & Thurston County.
You can call us today for a free consultation.