WA DUI, second offense, BAC .21, penalties
my step daughter just got a second dui within 1 year of her 1st offense. She had rear-ended a car and her BAC was .21.
What are the minimum fines, penalizations she is looking at?
Attorney answers (5)
David Carl Beyersdorf
Reputation Level 13
Answered over 3 years ago.
Personal Injury Lawyer in Fresno, CA.
Just to add to the comments already made, the fact that there was an accident involved usually means that the prosecuting attorney will really be going after your step-daughter. The second offense and .21 BAC won't help. Look to see whether a deferred prosecution is available.
Good Luck.
David C. Beyersdorf (Licensed to practice law in Washington and California)
LEE & BEYERSDORF, LLP
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000
4 people marked this answer as good
Aaron A Pelley
Reputation Level 13
Answered over 3 years ago.
Criminal Defense Attorney in Seattle, WA.
Presuming first that she pleads guilty or is convicted of a second DUI for over .15, she is facing a mandatory jail sentence of 30 days plus 60 days of Electronic Home Detention. For a BAC over .15, she is facing at least a minimum fine and up to 5 years of probation. Her licensing consequence are subject to the Dept. of Licensing hearing. The DOL penalties include two year license revocation, probationary license for 5 years, and ignition interlock.
Because of the severe jail sentence and licensing consequence you should have your daughter seek the advice of an attorney.
2 people marked this answer as good
Jonathan Dichter
Reputation Level 13
Answered over 3 years ago.
DUI / DWI Attorney in Bothell, WA.
Mr. Pelley is correct. Because of the potential consequences of this second offense, it is very important that she immediately contact a DUI defense lawyer to begin the process of protecting her rights and her drivers license.
Our office offers a free consultation.
2 people marked this answer as good
David Carl Beyersdorf
Reputation Level 13
Answered over 3 years ago.
Personal Injury Lawyer in Fresno, CA.
Just to add to the comments already made, the fact that there was an accident involved usually means that the prosecuting attorney will really be going after your step-daughter. The second offense and .21 BAC won't help. Look to see whether a deferred prosecution is available.
Good Luck.
David C. Beyersdorf (Licensed to practice law in Washington and California)
LEE & BEYERSDORF, LLP
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000
WWW.FRESNOLEGAL.NET
1 person marked this answer as good
Jonathan David Rands
Reputation Level 9
Answered about 2 years ago.
DUI / DWI Attorney in Bellingham, WA.
The others on this string are correct and i would add that the penalties discussed are only MINIMUNS in so far as jail and fines. Depending on the Judge and the prosecutor and the fact that there was an accident I suspect that a DUI conviction would garner hermore time in jail than the mandatory minimums under WA state law. Also, if this is a second offense and your step-daughter is still on probation for her 1st offense, she is looking at mandatory jail due to her failure to comply with probation. If the first was reduced, i still think she will be sentenced to some jail, but it will be discretionary, rather than mandatory. No matter what she needs the help of an experienced DUI defense attorney.
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