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2nd Offense DUI

Home Criminal Defense Attorney DUI 2nd Offense DUI

Criminal Defense Practice Areas

  • DUI
  • Drug Offenses
  • Felonies
  • Misdemeanors

Criminal Law FAQ

  • What Happens at Court When You’ve been Charged with a DUI?
  • What Happens to My License when I get a DUI?
  • DUIs and Ignition Interlock Devices?
  • What Happens to My License when I get a DUI?
  • What will courts require that you do for a DUI charge?
  • How do I get a protection order?

2nd Offense DUI

Consequences of a 2nd DUI in Washington State

If you are facing your second DUI conviction in 7 years, the Court must impose at least certain mandatory minimum penalties. Unless you enter a Deferred Prosecution, get your charges reduced or win at trial, you are facing the following mandatory minimum penalties:

If your breath or blood test is less that .15, or there is no test (not a refusal) there is a mandatory minimum 30 day in jail and 60 days of electronic home monitoring; a mandatory minimum fine, costs and assessments of $1,195.50; a 2 year license revocation; SR22 Insurance; the Ignition Interlock Device will be required for 1, 5 or 10 years depending on your history; probation up to 60 months; and you will be required to obtain a Drug/Alcohol Evaluation and follow any recommended treatment; attend a DUI Victim Impact Panel.

If your breath or blood test was .15 or greater or you refused the test, there is a mandatory minimum 45 days in jail and 90 days of electronic home monitoring; a mandatory minimum fine, costs and assessments of at least $1,620.50; if you blew a .15 or greater your license will be suspended for 900 days; if you refused the test your license will be suspended for 3 years; the Ignition Interlock Device will be required for 1, 5 or 10 years depending on your history; probation up to 60 months; and you will be required to obtain a Drub/Alcohol Evaluation and follow any recommended treatment; attend a DUI Victim Impact Panel.

A second offense DUI conviction carries not only the penalties imposed by the court, but other potential consequences. You will be required to pay all costs associated with the Electronic Home Monitoring. A DUI can make travel to Canada impossible, as they may not be permitted to cross the border. Many employers will terminate an employee after a DUI conviction. A DUI conviction will stay on your record forever – it is a serious criminal offense that can never be vacated or expunged. If you drive for a living and have a Commercial Driver’s License, you will lose that license forever for a second offense DUI.

If you have been charged with a DUI, call The Law Office of Donna Person Smith, PLLC, for a consultation. Although the consequences of a DUI conviction can be severe, we can provide you with Your Best Defense.

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Puyallup Office

3708 14th St Place SW Puyallup, WA 98373
Tel:253-840-0288


Tacoma Office

14718 Union Ave SW
Lakewood, WA 98498
Tel:253-840-0288

 

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COVID-19 UPDATE:
Additional Information for you.

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COVID-19 UPDATE

PLEASE NOTE: The State and Local courts in Pierce and King Counties have implemented changes due to the COVID-19 pandemic. As such Court will not be held until late April or May, except for emergency hearings with a few exceptions. The court in Pierce County is also allowing for family law motions by scheduled and decided based on written motion only (no oral argument) so we are able to address family law matters without having to personally appear. If you have an emergency family law matter or domestic violence situation, those matters will still be heard in all courts and you will not have to wait to have your matter before the court for relief.

While our office will still be working diligently on your cases, for the health and safety of our community, appointments will be telephonic or via Skype if possible. To schedule an appointment please call the office at 253-840-0288.

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