Second DUI Offense in Seattle
Anyone who operates a vehicle or is in physical control of a vehicle while under the influence of drugs or alcohol in Washington can be subject to a criminal charge. This is known as DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). Drivers should also be aware that DUI charges get tougher if you have previously been convicted of a similar offense. Repeat DUI drivers are subject to steeper penalties and stricter scrutiny.
Like any crime, a prior criminal record may lead to steeper penalties, especially when it comes to driving under the influence. A leading reason for this is that research has shown that repeat DUI offenders pose a greater risk of causing fatal or serious accidents. A study performed by the National Highway Traffic and Safety Administration (NHTSA) in the early 90s, states the following:
“About a third of all drivers arrested for DWI are repeat offenders according to the data reported here, and 1 out of 8 intoxicated drivers in fatal crashes have had a prior DWI conviction within the past three years.”
The study looked at select states in the United States and found that, over the course of several years, as many as 21 - 46% of DUI offenders were found to have previously been convicted of a DUI offense.
If you have been arrested in Seattle for a second DUI offense, contact The Law Offices of Steve Karimi today to find out more about your charges. For every prior DUI conviction on your record, you face steeper penalties and greater amounts of jail time and potential fines.
2nd Washington DUI Laws
The laws pertaining to driving under the influence in Washington specifically state that drivers with prior convictions may be subject to stricter penalties. There are two laws that apply to DUI offenses in the state. Under RCW 46.61.502, a person can be charged with DUI for driving a vehicle with:
- A alcohol concentration of 0.08 or more OR
- A THC concentration of 5.00 or more OR
- While impaired by an intoxicating liquor, marijuana or any drug or combination of drugs and alcohol
RCW 46.61.504 states that a person can be charged with DUI for being in actual physical control of a motor vehicle with:
- A alcohol concentration of 0.08 or more OR
- A THC concentration of 5.00 or more OR
- While impaired by an intoxicating liquor, marijuana or any drug or combination of drugs and alcohol
Penalties for a Second Seattle DUI
According to the NHTSA's study, “evidence from the states indicates that many persons who are arrested and convicted of DWI continue to drink and drive”. As a result, lawmakers and judges are more likely to punish repeat offenders more harshly believing that stronger sanctions are needed in order to correct behavior. In Washington, a DUI conviction remains on an offender's record for seven years. This means that a DUI conviction that occurred when you were 23 could later be used against you if you are accused of driving under the influence at the age of 30.
Washington law RCW 46.61.5055 states that anyone convicted of DUI who also had one prior DUI conviction on their record in the past seven years will be subject to the following penalties:
- For offenders with an alcohol concentration of less than 0.15 or with no accurate BAC test results:
- At least 30 days to 364 days of jail time
- 60 days of house arrest
- Possible alcohol addiction assessment and treatment
- A fine of $500-$5000
- Up to 2 years of license suspension
- For offenders with an alcohol concentration of 0.15 or more:
- At least 45 days to 364 days of jail time
- 90 days of house arrest
- Possible alcohol addiction assessment and treatment
- A fine of $750-$5000
- Up to 900 days of license suspension
Additionally, if a sobriety test was refused and results were not obtained, you will face 3years of driver's license suspension if convicted of a second DUI.
The Importance of a Second Offense DUI Lawyer
If you are facing charges for driving under the influence in Seattle and have previously been convicted of DUI in the past 7 years, it is vital that you understand the penalties that you are facing. Even if you avoided jail time for your first DUI, any DUI conviction means that you are subject to up to a year of jail time and 60 to 90 days of house arrest. Additionally, anyone convicted of a second DUI in Washington is subject to 2 years to 900 days of driver's license suspension. In order to fight these charges, you will need an experienced DUI defense lawyer to fight hard for you. Attorney Steve Karimi is a former Seattle prosecutor who understands what it takes to win DUI cases. He will go to bat for you and help you get the best results possible. Call now for a free consultation.