Seattle Second Offense DUI Lawyer

Seattle Second Offense DUI Attorney

If you have been arrested for a second DUI in Seattle, the penalties you will face are more serious than those of a first offense. Anyone facing these charges must avoid any assumptions or unnecessary delays. You need an experienced Seattle second offense DUI lawyer on your side. Your Seattle DUI attorney should be familiar with defending repeat DUI offenders and work tirelessly to safeguard your future.

About Us: Skilled DUI Defense Attorneys

At Peters Associates, LLC, our lead attorney, Thomas S. Peters, has been handling DUI and criminal cases in Washington for many years. We know the law, know the possible consequences, and understand the potential penalties that come with a second-offense DUI. We can fight for you to secure the greatest possible outcome for your situation.

Understanding Second Offense DUI Laws in Seattle

Washington’s DUI laws are a progressive scale of penalties and charges based on each subsequent offense. Under the current second offense DUI law, a second DUI is most commonly classified as one that takes place within seven years of a previous DUI or similar conviction (reckless driving, negligent driving in the first degree, etc.). Prior DUIs from other states can still be used against you in Washington.

A second DUI is still a gross misdemeanor, but enhancements and mandatory minimums make it much more complicated and serious than a first offense. Two parallel processes begin immediately upon arrest, including a criminal court case and a Department of Licensing (DOL) action, which might suspend your driver’s license before your court date.

Seattle Second Offense DUI Penalties

The penalties for a second DUI in Seattle, Washington, are intended to be severe and extremely disruptive. With a second DUI offense, there are much longer mandatory minimum sentences and fewer options than for first-time offenders. Some common standard second offense DUI penalties include:

• Fines ranging from $500 to $5,000
• Jail time up to 364 days
• License suspension
• Alternative sentencing, such as 180 days of electronic home monitoring and/or 120 days in a sobriety program

Drivers may be subject to enhanced penalties in a second DUI if they refused to take a chemical test or if they had a BAC of at least 0.15% at the time of arrest. The penalties are enhanced for such drivers by including increased jail and fine amounts, as well as longer periods of electronic home monitoring or sobriety program monitoring.

Drivers may also be subject to an extended period of license suspension or even forfeiture of their vehicle. These enhanced penalties are in place for what the law views as particularly high-risk drivers and activities.

In 2021, there were 674 traffic deaths in Washington. Of those, 345 deaths occurred in crashes with an alcohol-impaired driver. In 2022, there were 740 traffic deaths in the state, 389 of which involved an alcohol-impaired driver.

Hire a DUI Lawyer

Experience is vital when you are charged with a second DUI. The prosecutor will likely classify you as a repeat offender, which can lead the judge or jury to see you as a danger to public safety. This leaves you with less room to negotiate and more pressure to accept heavy punishments. The earlier you retain a First Offense DUI attorney in Seattle, the better the chance you will have to fight for your future.

A seasoned Seattle DUI lawyer can scrutinize every detail of your arrest, from the traffic stop to field sobriety tests and breath/blood test results. On occasion, these may be thrown out for violations of procedure, faulty calibration, or chain-of-custody errors. In other cases, your lawyer can negotiate with the prosecutor to reduce the offense to a lesser one, especially if your prior DUI was near the end of the seven-year period.

Evidence Needed in a Second DUI Case

For a second DUI, the state must prove that you were physically in control of a vehicle under the influence of alcohol, drugs, or both. This can be shown by a BAC of at least 0.08% or other evidence that you were driving impaired.

The second thing they need to prove is that you had a prior DUI or reduced conviction in the last seven years. The District Attorney will present certified copies of the court record from your prior case. If you’ve been charged with a second-time DUI, your case will likely be held at the King County District Court Seattle Division, located in the downtown courthouse on 3rd Avenue.

Your attorney may challenge either or both of these pieces of evidence. For instance, if your BAC was close to the limit or was improperly administered, your attorney may be able to suppress it. If the prior conviction was not correctly recorded or outside the required time frame, that could also impact your case.

FAQs About Seattle, WA Second Offense DUI Law

Yes, it is possible to get around jail time for your second DUI. In Washington, alternative sentencing options may be available for certain second DUI offenses. For a second DUI, the judge may agree to reduce a jail sentence and allow a defendant to serve it on electronic home monitoring (EHM) or a 24/7 sobriety program, rather than jail.

How Much Does a DUI Lawyer Cost in Washington?

The cost of a DUI lawyer in Washington will depend on the specific details of your case. This is based on the attorney’s experience, the complexity of the case, and whether it goes to trial. Some attorneys charge a flat rate. Others charge by the hour. Other expenses can include professional witnesses, court costs, and Department of Licensing hearings.

Can a DUI Be Dismissed in Washington?

Yes, a DUI can be dismissed in Washington. It is rare and dependent on the strength of your defense. In some cases, dismissals are available because of constitutional violations, illegal traffic stops, improper chemical testing procedures, or a complete absence of probable cause. A skilled DUI attorney can evaluate your case for these types of legal defects and file motions to suppress evidence or dismiss the charges if legal grounds are present.

Contact Peters Associates, LLC

If you have been charged with a second DUI, Peters Associates, LLC, can help you fight for your future. Contact us today to speak with a representative.