At Smith & White, PLLC we are fully vaccinated against COVID for your safety and convenience. Zoom and Webex meetings remain available.

Justia Lawyer Rating
AV Preeminent
Avvo Client's Choice Award 2018
Avvo Rating 10 - Top Attorney
BBB Business Accredited
2019 Champion of Justice

Second or Third Offense DUI

For each DUI conviction you receive in Washington state, the penalties increase. However, you should not consider your situation hopeless. Our lawyers have had good success in getting second and even third offense DUIs reduced to reckless driving. This is important because a reckless driving charge does not have the punishments listed below. Alternatively, you may be eligible to pursue a treatment option that also gets you out of the mandatory penalties listed below.

At The Law Offices of Smith and White, PLLC, our lawyers offer a free initial consultation to discuss your case. With our main office in Tacoma, our attorneys handle DUI cases in Tacoma, Kent, Olympia and Port Orchard.

The following chart provides an overview of the penalties you face for a second or third DUI conviction within seven years with a BAC of .08 to less than .15:

Second OffenseThird Offense
Jail time30 days to one year, plus90 days to one year, plus
Electronic home monitoring60 days mandatory, plus120 days mandatory, plus
Fine$1,120.50 to $5,000$1,970.50 to $5,000
Driver's license suspensionTwo-year revocation, plusThree-year revocation, plus
Ignition interlockRequired to drive, plusRequired to drive, plus
Alcohol/drug education or treatmentAs ordered, plusAs ordered, plus
ProbationFive YearsFive Years

The minimum penalties increase substantially if your blood alcohol content was above .15 or you refused to take a Breathalyzer or blood test.

Other penalties include:

  • Possible job loss
  • Permanent criminal record that cannot be vacated or expunged
  • You can be prohibited from leaving the state
  • In Canada, any DUI on your record is considered a felony and Canada will not let you enter that Country with a DUI.

Learn more about felony DUI charges.

Unlike a First Offense, the Prosecutor Will NOT Easily Reduce the Charge

For this reason, you’ll need a bold, veteran defense attorney. You’ll likely need a creative, detailed, highly worked challenge to the State’s case to have any hope of reduction. Absent a reduction, you’ll need the same for a hope of winning your trial. The chance of a trial goes up significantly on a second or subsequent offense because the penalties are so severe.

Our attorneys can look at the testing records of the BAC machine. We can make sure the machine was properly tested. We can review if the testing was timely. We can see how the test has performed in the time period before you test to make sure the machine does not have a history of malfunction. We can review the testing of the external standard (the bubbling vat attached to the machine) to make sure it was properly prepared. Errors with any of these procedures can invalidate your test result and greatly improve your chances of winning your case. We can review the confidence interval analysis, basically the margin of error on the machine, to see if there was a chance you were under the legal limit.

There are dozens of other potential challenges we can bring to improve you case for trial or for reduction. Were you lawfully contacted? Did the Officer/Trooper engage in illegal search and seizure of your person? Were you validly read your rights? Were you informed of the implied consent Statute and knowingly make a decision as to your BAC or Blood draw? These are just some examples of the challenges that can be brought against your DUI charge to avoid these increased penalties.

There is a Treatment Option

Your ace in the hole, which is worth saving if possible because you only get one substance related treatment option for a DUI in your lifetime, is to pursue a Deferred Prosecution (DP). A DP has many pitfalls and requires considerable paperwork such that is best to have an attorney assist with pursuing this option. Plus, you’ll want to make sure you do not have another good alternative before using this avenue of last resort. A Deferred Prosecution is not an easy course. However, it can be better than suffering a DUIs penalties, especially if the Jail time may cause you to lose a job or otherwise suffer a severe negative consequence. We offer a reduced fee for assisting with Petitioning for a Deferred Prosecution since it is not as much work as preparing for a jury trial.

Contact Our Tacoma Lawyers for a Second or Third Offense DUI

Call (253) 203-1645 to discuss your case with our Tacoma DUI defense attorneys, or send us an e-mail through this website. We will arm you with the information you need to make sound decisions about your case.

Client Reviews
I was represented by James White and have been nothing but satisfied with the outcome. Jame is very efficient and eliminates much of the stress that the judicial system can place on an offender. I am very grateful to have such a great attorney and owe him my gratitude for helping me when times were rough. Not only is he professional, but he is also someone you can talk to on a personal level. I highly recommend James White and would undoubtedly use him again in the future. If you are in search of an attorney, do yourself a favor and have the law offices of Smith & White represent you. Mike D.
I contacted James after my charge for reckless endangerment, and right from the start he was informative and reassuring. James worked hard to get me the best possible outcome, and was always very quick to return a call or text. He was straightforward and honest with me about my case, explaining both the good and the bad in a way that was reassuring without being misleading. Overall, I highly recommend Smith and White to anyone who is looking for the most professional representation in their legal matters. Matthew B.
Attorney James White was a beacon of hope for me at a time when my options appeared limited and the likeness of a satisfactory resolution seemed close to nothing. Not only was he able to defend me in a specific sticky situation in which I hired him for, I felt as though he also went above and beyond in efforts to provide me with the best outcome possible. His calm and professional demeanor offered such a great assurance to myself and those I care about around me. I am completely grateful for his service and I most definitely recommend Mr. White. Leyasha J.
Derek Smith guided us through a troubling legal situation with absolute professionalism. This was my first experience with a trial situation and Mr. Smith was able to address all of my questions and concerns in a way that helped address some of the fear I had regarding the legal system. Mr. Smith was highly effective during the trial and the result ended up in our favor. Legal troubles are scary and it was great knowing we had a fantastic legal team on our side to help navigate the somewhat confusing situation. My wife and I emphatically recommend this law firm. Steve B.
Mr. Smith was wonderful to work with. He was professional, knowledgeable and effective!! He takes the time to listen, which is amazing and can be a hard quality to find! He is informative and straight forward, which I truly appreciate! He was quite helpful on another matter that I asked his advise on. Thank you!!! Melika