Washington's 2023 DUI Law – How a Second Conviction Can Cost You Your Gun Rights

On July 23, 2023, Washington state introduced a new and severe consequence for anyone convicted of a second DUI. Before this change – and you will still find this information on the internet - individuals facing multiple DUIs were subject to penalties such as fines, license suspension, and possible jail time—but they did not automatically lose their Second Amendment rights.

Second DUI in Washington? You Could Lose Your Gun Rights Forever

Now, however, any second DUI conviction—whether it’s for an actual DUI or a reduced charge like reckless or negligent driving that comes out of a DUI arrest— will result in a permanent firearm ban. This means that even if your case does not involve alcohol-related firearm use, you will still lose your right to own, possess, or purchase firearms in Washington.

This law significantly shifts DUI-related penalties. For many Washington residents, it represents a fundamental change in how the state treats constitutional rights in relation to criminal offenses.

How This Law Affects Gun Owners

Scenario 1 – You Own a Gun and Get a Second DUI

If you are a current firearm owner and you are convicted of a second DUI, here’s what will happen:

  • You will lose your right to own firearms permanently.
  • Law enforcement may seize any firearms you currently possess.
  • You will not be allowed to purchase new firearms, and background checks will flag any attempt to do so.

Scenario 2 – You Had One DUI in the Past and Get Another Now

The new law does not consider when the first DUI occurred. If you had one year ago and now face a second conviction in 2024, you will still lose your gun rights permanently.

For example:

  • You had a DUI in 2010.
  • You are convicted of another DUI in 2025.
  • Even if it’s been over a decade between charges, your firearm rights will be revoked permanently.

Scenario 3 – You’re Facing DUI Charges Right Now

If you are currently facing DUI charges, this law makes it even more critical to fight the charge aggressively. The outcome of your case can mean the difference between keeping or losing your firearm rights forever.

Potential consequences if convicted:

  • Even pleading down to reckless driving or negligent driving won’t save your firearm rights.
  • The ban applies whether or not the DUI involved an accident, injury, or a high BAC.

The best course of action is to work with an experienced DUI defense attorney who can help you avoid a conviction and protect your rights.

What Can You Do If You’re Facing a Second DUI?

If you are facing a second DUI charge, you need to act immediately to fight the case and protect your rights. Here’s what you can do:

1. Hire an Experienced DUI Attorney Immediately

Washington’s DUI laws are strict, and you need a defense attorney who understands the nuances of the legal system. A strong defense strategy could mean the difference between a conviction and a reduced or dismissed charge.

2. Challenge the Validity of the Stop or Breathalyzer Test

There are many ways to challenge a DUI charge, including:

  • Questioning the legality of the traffic stop.
  • Challenging the accuracy of the breathalyzer or field sobriety tests.
  • Investigating whether law enforcement followed proper procedures.

3. Explore Plea Bargains or Alternative Sentencing

While pleading guilty to a lesser charge may still trigger a firearm ban under the new law, an attorney might be able to negotiate alternative sentencing options that could help protect your rights.

FAQs About DUI & Gun Rights in Washington

Possibly, but it is extremely difficult. Once you lose your gun rights due to a second DUI conviction, restoring them requires a legal process that is rarely successful. Working with an attorney before a conviction is the best way to protect your rights.

Yes. Even if your DUI is reduced to reckless driving or negligent driving, the firearm ban still applies. The law considers any second alcohol-related driving offense as grounds for revoking gun rights.

Washington’s firearm ban applies to anyone convicted of a second DUI—even if the first DUI occurred outside Washington. If you are a resident of Washington, this law applies to you, regardless of where previous offenses occurred.

Protect Yourself Before It’s Too Late

This new law means that anyone convicted of a second DUI in Washington will permanently lose their gun rights, even if they’ve never committed a violent offense. The stakes are higher than ever before.

If you are facing DUI charges, now is the time to act. You need an aggressive defense to avoid conviction and protect your rights.

Contact Knauss Law today for a confidential consultation.