DUI Third offense
If somebody has been arrested for a third DUI in the State of Washington, he or she can expect to sit in jail until such time as bail arrangements are made. At the time of the first appearance on the third DUI case, the presiding judge will likely require that person to be fitted with an ankle monitor upon their release.
When an individual is convicted of a third DUI charge in the State of Washington, harsh sentencing can be expected. It doesn’t matter if the two prior DUI convictions were in another state either. The Washington conviction is still a third conviction, and the law grants the sentencing judge great upward discretion. If the conviction involves three DUIs in seven years, there is little downward discretion as the legislature has set mandatory minimum sentencing that the law requires the judge to follow.
This involves a third DUI conviction within seven years with a blood alcohol content of less than .15 or a marijuana content greater than 5 nanograms per milliliter of blood. It can also involve driving under the influence of any other drug, including those that were legally prescribed by a physician. A defendant can be sentenced to:
- Not less than 90 days or more than 364 days in jail
- A fine between $2,045.50 and $5,000
- Court costs and probation service fees
- A three year driver’s license revocation by the Department of Licensing
- Installation of an ignition interlock system for up to 10 years
- Upon release from jail, electronic home monitoring for a minimum of 120 days
Electronic home monitoring might be converted to another eight days of jail time. An additional 30 days of jail is required if the defendant was transporting a child under 16 years of age at the time of his or her traffic stop. Probation can be ordered and extend for as long as five years. Judges are required to order the defendant to obtain a chemical dependency evaluation and follow any recommendations thereof. With three DUIs in seven years, it’s highly likely that the defendant will be assessed to be at a high risk of offending again.
Remember that a judge has upward sentencing discretion on a gross misdemeanor up to 364 days in jail. Vehicle forfeiture is also a consideration at time of sentencing, and even a first time DUI conviction can impact a foreigner’s immigration status. The defendant bears all costs in connection with his or her conviction. Those include installation of an ignition control device, monthly fees for same, probation service fees, home monitoring and alcohol or substance abuse treatment.
Remember that there are administrative penalties too with the Department of Licensing that can directly impact your driver’s license. These are outside of the scope of any criminal prosecution. You can still lose your driver’s license, even if your DUI case is dismissed or you’re found not guilty
Contact a Spokane DUI Lawyer Today
A third DUI means serious trouble with the criminal justice system. This law firm has represented countless DUI clients across the State of Washington. Whenever possible, reduction or even dismissal of your charges will be sought. Don’t delay. Contact this office right away for dedicated and effective DUI defense after any DUI arrest. We want to get started on your defense right away.