Second DUI in Washington State: Penalties, Defenses, and Your Next Steps

Being charged with a second DUI in Washington State is more than a repeat offense—it’s a wake-up call – you will be facing a much harder road through court and the system.

The penalties for a second DUI conviction are harsher, the consequences more enduring, and the path forward more challenging. At Knauss Law, we know how overwhelming this situation can be, and we’re here to fight for your rights, your freedom, and your future.

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Understanding Second DUI Penalties in Washington

A second DUI conviction carries stiffer penalties than a first offense. Here’s what you could face:

  • Jail Time: A minimum of 30 days in jail or 60 days of electronic home monitoring (EHM). For a BAC of 0.15 or higher, the mandatory jail time increases to 45 days, with 90 days house arrest.
  • Fines: Up to $5,000 in fines.
  • License Suspension: Up to three years.
  • Ignition Interlock Device (IID): A five-year requirement to install and maintain an IID on any vehicle you drive.
  • Alcohol Treatment and Probation: Up to five years of court-mandated treatment and probation.

The Seven-Year Look-Back Period

Washington State uses a seven-year look-back period to determine if your offense counts as a second DUI. If you’ve been convicted of DUI within the past seven years, this history will be considered in sentencing.

This means a prior conviction doesn’t just increase your penalties—it also affects your criminal record, which employers, landlords, and others may see. At Knauss Law, we understand how much is at stake, and we’ll work tirelessly to protect your record and reputation.

Ignition Interlock Device and Monitoring Requirements

A second DUI conviction comes with a mandatory IID installation for five years. This device acts as a gatekeeper, testing your breath for alcohol before your car starts.

In addition to the IID, the court may impose Secure Continuous Remote Alcohol Monitoring (SCRAM), a bracelet that tracks your alcohol levels around the clock. While wearing a SCRAM device might feel restrictive, it’s often an alternative to jail time.

Second DUI Arraignment and Pretrial Conditions

Your arraignment is the first court hearing following a second DUI arrest. During this hearing, the court may impose pretrial conditions, including:

  • Alcohol Monitoring: SCRAM or similar devices may be required to ensure compliance.
  • Home Monitoring: For those unable to fulfill jail requirements, electronic monitoring can be used instead.

At Knauss Law, we make sure your rights are protected every step of the way, ensuring these conditions are fair and appropriate.

How to Avoid a Second DUI Conviction

The best way to avoid the penalties of a second DUI conviction is by challenging the case against you. At Knauss Law, our team builds strong defenses tailored to your circumstances. Our strategies include:

  • Challenging the Stop: Did the officer have a valid reason to pull you over? Without probable cause, the evidence may be inadmissible.
  • Disputing BAC Evidence: Breathalyzers are notoriously error-prone, and we’ll investigate whether the device was calibrated or used correctly.
  • Highlighting Medical Conditions: Conditions like acid reflux or diabetes can affect breathalyzer results.
  • Questioning Field Sobriety Tests: These tests often fail to account for poor conditions, fatigue, or physical limitations.
  • Exploring Deferred Prosecution: This option involves completing a rigorous treatment program in exchange for avoiding a conviction.

Deferred Prosecution: A Path to Recovery

Deferred prosecution isn’t an admission of guilt—it’s a second chance. Here’s what it entails:

1. Intensive Outpatient Treatment

Over 12 weeks, you’ll attend a minimum of 72 hours of outpatient group sessions designed to address underlying alcohol issues.

2. Ongoing Outpatient Treatment

For six months, you’ll attend weekly sessions to build coping strategies and work toward long-term recovery.

3. Monthly Monitoring

In the final phase, you’ll participate in monthly sessions for support and accountability.

Deferred prosecution isn’t easy, but it offers a way to avoid jail time and start rebuilding your life.

Why Knauss Law Is Different

At Knauss Law, we don’t just handle cases—we craft defenses. Our team includes nine former prosecutors who’ve seen every angle of DUI cases. We use that experience to anticipate the prosecution’s moves and dismantle their arguments.

From cross-examining officers to uncovering flaws in evidence, we leave no stone unturned. Our goal is simple: to protect your rights, preserve your record, and secure the best outcome for your case.

Contact Knauss Law Today

A second DUI doesn’t have to define your future. With Knauss Law by your side, you have a team of experienced defense attorneys ready to fight for you.

Call us today to schedule a consultation and learn how we can help. Your freedom and your future are worth defending.