Tacoma DUI Second Offense Lawyers
Washington’s criminal justice system deals very seriously with the offense of driving under the influence, also known as “DUI,” and imposes progressively harsher penalties on individuals with prior DUI convictions. Defending against such a charge requires challenges to both the physical evidence, including the equipment used to conduct a blood or breath test, the circumstances of the test itself and witness testimony. If you are facing charges of alleged DUI and you already have one DUI on your record, you need the assistance of an experienced Washington criminal defense lawyer who can protect your rights and help you prepare your case.
Driving Under The Influence
Operating a motor vehicle under the influence of drugs or alcohol, including legal prescription drugs, constitutes a DUI under Washington law. The criminal code states that anyone with a BAC of .08% or more within two hours of driving has committed the offense of DUI, but it allows prosecution for DUI even with a lower BAC or without BAC test results at all. The state must present evidence that a defendant was impaired as a result of an intoxicating substance. They may do this with eyewitness testimony, including the arresting officer, other people who claim to have seen how the defendant was behaving or people who claim to have seen the defendant drinking or using drugs.
Second Offense DUI
Under Washington’s criminal laws, a second DUI offense, like a first offense, is a gross misdemeanor. Gross misdemeanors carry a maximum possible jail sentence of 364 days in county jail. They also allow a fine of up to $5,000. A court may impose a sentence consisting of both a jail sentence and a fine, as well as restitution for any injuries or property damage. A court may also order a defendant, either as part of a sentence or subject to a plea agreement, to participate in programs such as alcohol intervention or treatment for substance abuse.
Penalties For Second DUI Offense
Where a second DUI offense differs from a first offense is in the minimum penalty a court may impose. The minimum for a second offense is greater than the minimum for a first offense, and the minimums increase with subsequent offenses. If a defendant has one DUI conviction during the previous seven years and either had a BAC below .15% or had no BAC results for any reason besides refusal to take the test, the minimum jail sentence is 30 days, up to the statutory maximum of one year. Instead of jail, the court may sentence a defendant to at least 60 days of electronic home monitoring at the defendant’s expense. The court may also fine the defendant at least $500. If the defendant’s BAC was .15% or more, or if the defendant refused the test, the minimum sentence is 45 days in jail or 90 days of electronic home monitoring and/or a $750 fine.
Contact Vindicate Criminal Law Group To Schedule A Free Consultation
If you are involved in a criminal case involving an alleged DUI offense, you should consult a Washington criminal defense attorney who knows Washington’s legal system. Vindicate Criminal Law Group has represented defendants facing DUI charges in Renton, Lakewood and elsewhere in Washington state for over 15 years. Contact us today for your confidential case evaluation online or at 855-898-2542.