Multiple DUI Attorney in King County, WA
Protecting Your Future After Multiple DUI Arrests
Washington state has recently changed its DUI laws by extending the lookback period from 10 to 15 years. A DUI conviction that once fell outside the lookback period can now be used to enhance a second or subsequent charge. With this change, older DUIs can now be included when determining penalties for repeat offenses.
If you have been arrested for a repeat DUI offense, you must seek legal representation immediately. DUI penalties significantly increase with each conviction, and you could be forced to spend time in jail, undergo electronic home monitoring, pay steep fines, and serve probation.
The Curtis Firm is a King County law firm that is committed to helping clients navigate Washington state’s criminal justice system so they can resume their lives. Contact our law office today to schedule a free strategy session to determine available legal options.
Will I Have to Serve Jail Time for a Second or Subsequent DUI Conviction?
No one wants to have to spend time in jail, but if you are convicted of a second or subsequent DUI offense, you will have to serve mandatory jail time and deal with other strict penalties.
Second DUI Conviction (Within Seven Years)
- Mandatory Jail Time: A minimum of 30 to 45 days, up to 364 days. Mandatory jail time is often accompanied by 60 days of electronic home monitoring (EHM)
- Probation: Up to five years
- License Suspension: Your driving privileges could be suspended for two to three years
- Ignition Interlock Device: Mandatory five-year use of IID
- Fines: Fines ranging from $1245 up to $5,000
Third or Subsequent DUI Convictions
If you are convicted of a third DUI, you face being sentenced to 90 to 364 days in jail followed by EHM. Your driver’s license can be suspended for up to 3 years, and you will have to pay a steep fine of up to $5,000. A third or subsequent DUI conviction in Washington will also result in your being required to have an ignition interlock device for at least 10 years. The judge will also order that you be placed on probation for five years.
Because repeat DUI convictions carry increasingly severe penalties, hiring an experienced defense attorney is critical to protecting your rights and your future.
What Kind of Penalties Can I Face if I am Convicted of a Fourth DUI?
If you are convicted of a fourth DUI, you face severe consequences. Washington state prosecutors and judges take a dim view of drunk driving or operating a motor vehicle under the influence of substances. Under state law, a fourth or subsequent DUI within 15 years can lead to felony charges.
Charged as a Class B felony, a fourth DUI conviction could result in you being ordered to serve up to 10 years in prison and a fine of up to $20,000. Your driver’s license will be suspended for four years.
If your BAC was under 0.15%, you could be sentenced to up to 10 years in prison and a steep fine of up to $20,000. Your driver’s license will also be suspended for up to four years if you have a high BAC or refuse a test, and you will be required to have an ignition interlock device for life.
Because a fourth DUI conviction is considered a felony, you will be a convicted felon. Having a felony on your permanent criminal record can make it challenging to obtain employment opportunities, housing, or professional licenses.
What Are the Consequences of Refusing a Breath Test for a Fourth DUI?
If you refuse to submit to a breath test in Washington state, you will face severe penalties, no matter if it is your first, second, or subsequent offense. Anyone who refuses a breath test will be subject to automatic penalties under the state’s implied consent laws.
If you have been charged with a fourth DUI or third refusal within seven years and refused a breath test, you should expect that your driver’s license will be suspended for three to four years. You will also be ordered to serve a mandatory minimum of 120 consecutive days in jail, but the term could stretch up to 364 days depending on the circumstances of the case. Other severe penalties include 150 days of electronic home monitoring and a steep fine of up to $5,000.
Even if you are ultimately not convicted of a fourth DUI, you will still be required to have an ignition interlock device for 10 years. The act of refusing a breath test can also be used as evidence against you in court.
When Can a DUI Be Charged as a Felony?
If you are charged with a fourth DUI, the prosecutor will pursue it as a felony charge. Still, several other scenarios could quickly turn a second or third charge into a felony. For example, if you have already been previously convicted of a felony DUI, any subsequent DUI charge will be a felony, regardless of the timeframe of when it occurred.
State law dictates that prior offenses, such as amended charges that were reduced to reckless driving or deferred prosecutions, also count as convictions.
If a second DUI causes substantial injury or death, it may constitute vehicular assault or vehicular homicide and be prosecuted as a felony regardless of your prior record.
What Kind of Legal Defenses Can Be Used to Fight Multiple DUI Offenses?
Being accused of a second or subsequent DUI offense is not something that should be taken lightly. Recently, Washington has tightened laws regarding multiple DUI convictions and the resulting penalties. The most effective and proven strategy is to hire a DUI criminal defense attorney who will work diligently to safeguard your rights and freedom.
Some of the most common defense strategies that DUI defense attorneys use to fight charges include:
- Challenging the Legality of the Traffic Stop: A police officer must have probable cause to initiate a traffic stop, such as swerving lane to lane or a road violation. If your defense attorney determines the officer lacked probable cause, they can argue that the evidence should be suppressed, weakening the state’s case.
- Improper Administration of Field Sobriety Tests (FSTs): FSTs are well-known for their unreliability and subjectivity, relying on the officer’s opinion. External factors such as medical conditions, medication, uneven pavement, or weather conditions skew the results.
- Challenging Test Results: Your attorney will professionally assess the accuracy of the BAC results to determine if they are flawed. All too often, testing equipment is improperly calibrated, or blood samples are mishandled.
- Civil Rights Violations: If the police officers violated your rights or failed to advise you of implied consent warnings regarding breath or blood tests, your attorney can argue that they should be thrown out.
No matter what defense strategy your attorney applies, the ultimate goal of a DUI attorney is to try to have the charges dismissed or reduced to help you avoid a repeat conviction.
Can I Get a Restricted License After a Repeat DUI Offense?
A common question posed by many clients is whether they can obtain an Occupational/Restricted License after a repeat DUI offense. Technically called an Ignition Interlock License (IIL), the license allows you to drive after a repeat DUI even if your driving privileges are suspended.
To be eligible to drive legally, you must pay a $100 application fee, install an ignition interlock device on all vehicles you drive, and carry SR-22 high-risk insurance.
In most cases, there is no waiting period, and you can apply for IIL immediately after your license has been suspended. The amount of time you will be required to keep the IID can vary from 1 to 10 years, depending on your BAC level and the number of prior convictions.
Although an IIL allows you to continue driving, it will come with restrictions on the hours and locations where you can legally drive. Because you do not want to risk being charged with more driving offenses while your case is pending or after a conviction, it is best to discuss the matter with a knowledgeable attorney who can answer your questions.
Contact our King County Law Firm Today to Schedule a Free Strategy Session
Navigating the King County legal system can be challenging, especially if you are concerned about your freedom, reputation, and driving privileges. The most effective way to deal with your legal issues is to hire a multiple DUI lawyer. Only an experienced attorney can develop a custom defense strategy that will protect your legal rights and work to have your charges dismissed or reduced.
The Curtis Firm has a proven record of helping clients resolve their DUI cases. When you come to us for legal assistance, our DUI attorney, James Curtis, will work diligently with prosecutors to advocate on your behalf. Attorney James Curtis is a former prosecutor who has an inside track on how the state pursues DUI cases and knows what it takes to get results.
Contact our King County law office today at 253-649-2426 to schedule a free strategy session to learn more.