If this is your second offense DUI or DUI related charge, you will be facing a much stiffer challenge than you did with the first offense. Prosecutors will be less inclined to negotiate a reduction of the charge. Depending on the court, significant pretrial release conditions may be imposed. There will be pressure the enter into a Deferred Prosecution. If the first DUI resulted in the entry of a Deferred Prosecution there will be an expectation that you re-enter treatment. Know some of the challenges you might be facing in advance. And contact an experienced Washington DUI lawyer who is familiar with the jurisdiction of your case.
Enhanced DUI Conditions at arraignment
The initial hurdle faced by most people charged with a second offense DUI in Washington is the DUI arraignment or first appearance. More and more often courts are imposing strict release conditions for those with priors. The imposition of bail is certainly likely in a few courts. But most courts will require some guarantee that the defendant in this situation is not drinking. That can mean being forced to install an ignition interlock device, or wear a SCRAM bracelet, or having a alcohol monitoring device installed in your home. For more specific information about the jurisdiction of your arrest see our Where Were You Arrested? section.
Second Offense Department of Licensing considerations
If the first DUI incident was either outside of seven years or did not result in an administrative action against your license, the DOL will be treating this second DUI charge as a first offense for the purpose of administrative sanctions. That would mean the action, if taken, would result in either a suspension for 90 days if there was a BAC greater than .08 or a revocation for one year if there was a refusal to take a BAC test. A second offense would mean a two year license revocation whether there was a .08 BAC or a refusal.
Prosecutorial perspectives on a second DUI charge
There is a lot of pressure on prosecutors, from police, politicians, MADD, etc. to be tough on alleged DUI offenders. Even on first offenses they are rarely willing to just bend to the desire of the defense. When it is a second offense, all sense of compassion and willingness to compromise goes away completely. To convince a prosecutor to reduce a second offense DUI means convincing them that there is something dramatically wrong with there case and that the defendant deserves another chance. They will usually demand heightened pretrial conditions and act under the premise that the defendant will enter into a deferred prosecution.
Pressure to enter into Deferred Prosecution
Those facing a second offense DUI will usually be under some kind of pressure to enter into a deferred prosecution. Before entering into this program, it is important to know what the full ramifications of doing so would be. It is not always in someone’s best interest to enter into a deferred prosecution, even in a second offense scenario. Review our Washington Deferred Prosecution section for complete information and contact us to discuss the particulars of your situation.
A second offense DUI charge in Washington State definitely carries more challenges than a first offense. That does not mean, however, that you can not beat the charge or that you will be convicted of DUI. Contact a Seattle DUI lawyer at Milios Defense for immediate assistance if you are facing a second DUI.
