Penalties for a Second DUI in Washington: Will You Go to Jail?

If you have a previous DUI on your record, you might already be familiar with the process.  However, what you might not know is that there is a mandatory minimum sentence for all levels of DUI for a second offense.

Under RCW 46.61.5055, all DUI offenses have a jail requirement.  This mandatory minimum sentence requires at least 48 hours in jail, even for a first offense, with second offenses getting at least 30 days in jail.  There are ways to get this converted to home confinement instead, but you need to show a jail sentence would create substantial hardship.

For help fighting DUI charges, call the Washington DUI lawyers at the Law Offices of Smith & White at (253) 525-8036.

Is there a Mandatory Minimum Jail Sentence for a Second-Time DUI in Washington?

Sentencing laws for DUI in Washington state are very strict.  CRW 46.61.5055 contains subsections for each of these levels of DUI offense, plus sections for repeat offenses:

• DUI with a BAC under .15%
• DUI without a BAC (for reasons other than refusal)
• DUI with a BAC of .15% or higher
• DUI without a BAC because of refusal

Mandatory Jail for Second Offenses

By the letter of this law, all second offenses have a mandatory jail sentence.

For a BAC under .15% (or missing results without refusal), having one prior offense gives you a mandatory 30-364 days in jail plus 60 days of electronic home monitoring (EHM).

For a BAC at or over .15% or a missing BAC because of refusal, the mandatory sentence is 45-364 days in jail plus 90 days of home monitoring.

Mandatory Jail for Third Offenses

If you have two prior DUIs on your record, a low-BAC DUI gets you 90-364 days in jail, 6 months in a 24/7 sobriety program, and 120 days of home monitoring.

If you have two priors, a high-rate DUI or refusal DUI gets you 120-364 days in jail, 6 months in a 24/7 sobriety program, and 150 days of home monitoring.

Mandatory Jail Time for First-Time DUIs

If you already had one prior DUI, you might be aware that 24 hours in jail is also mandatory for first-time offenses.  However, alternative home confinement/home monitoring is more popular for first-time offenses, so you might not have even been aware that 24 hours is “mandatory.”

Can I Do Probation or House Arrest Instead?

If you did home monitoring (i.e., an ankle monitor) for your first offense, you might be hoping to get a similar punishment or probation instead of jail time for a second DUI.  While it is possible, your Washington DUI lawyer must show that jail time “would impose a substantial risk to the offender’s physical or mental well-being.”

Legal Standard

This substantial risk standard usually means showing you have some physical or mental condition or disability that would make jail time especially burdensome.

You may also be able to show that missing your role as primary caregiver for a child or disabled/elderly adult would cause you a mental burden, but this is not strictly within the terms of the kind of “substantial risk” the law envisions.

Judge’s Decision

The judge ultimately decides if you can use an alternative sentence.  The statute requires them to state, in writing, the reason for their leniency, and it gives some examples of things to consider.

One thing the judge can explicitly consider is participation in a 24/7 sobriety program before being tried and sentenced.  If you do this, the judge might allow you to continue doing the sobriety program as punishment instead of jail time.

Electronic Home Monitoring Alternative for Second-Time DUIs

If you do meet this standard, you can get the “alternative” sentence, which is also built into the statute.

Under this alternative, there are two possible sentences:

• Electronic home monitoring for a longer period
• Participation in a 24/7 sobriety program.

For low-rate second-time DUIs, the EHM alternative is 180 days, and the 24/7 sobriety alternative is 120 days.

For a high-rate second-time DUI, the EHM alternative is 6 months, and the 24/7 sobriety alternative is also 120 days.

One thing to consider is that you have to pay for EHM – i.e., you have to pay to rent the ankle monitor and have it checked/monitored.  The same is true for 24/7 sobriety programs, though you might have health insurance that can cover some of this cost.

Remember that this all comes on top of the fines you might face for second-time offenses, which equals $500-$5,000 for a high-rate second offense and $750-$5,000 for a high-rate second offense.

What Counts as a “Prior Offense” for DUIs in Washington

What counts as a “prior offense” is actually very specific under RCW 46.61.5055(14).

7-Year Window

For you to face DUI penalties as a second-time offender, the first offense must have been within the past 7 years.  Older offenses do not count.

For example, if you had a DUI when you were 20 years old and another at 26, the first offense would count as a prior offense.  If you got a third DUI at 28, the first DUI would be too old, but the second offense would still count as one prior DUI.

This counts from the date of the arrest, not conviction.

Offenses that Count as Priors

Any level of DUI counts as a prior offense.  It does not have to be the same high/low-rate offense.  Additionally, violations of equivalent local DUI ordinances (rather than these state DUI laws) also count.

These previous crimes also count as priors for sentencing:

• Drugged driving
• Drunk/drugged boating
• Drunk/drugged aircraft operation
• Driving a non-street-legal vehicle drunk (e.g., an ATV or electric scooter)
• Drunk/drugged snowmobiling
• Vehicular homicide
• Vehicular assault
• Negligent or reckless driving while drunk
• Reckless endangerment involving drunk driving

Out-of-state DUIs that would qualify under Washington’s laws also count as priors.

Call Our DUI Defense Lawyers in Washington Today

For help with your case, call Smith & White at (253) 525-8036 today.