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Will a second DWI in 5 years result in automatic jail time or would you have the options of electric home monitoring?

Spokane, WA |

Washington state for DWI for being under the influence of pills

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Attorney answers 7


If you are convicted of a second DUI within 5 years, the court must impose a mandatory jail sentence. Bear in mind that this is not "automatic." You will only be sentenced if the State is able to prove its case beyond a reasonable doubt or you enter a plea of guilty.

For more information on mandatory minimum DUI sentencing, see the following:


They are called DUIs in this state. A second DUI conviction in five years results in a mandatory thirty days in jail, followed by sixty days of mandatory EHM that may be converted to four additional days in jail.


It could be minimum 45 days jail if the State can prove an aggravator. A medical condition can get you out of the jail time. Also, a deferred prosecution does not need to serve the jail. If you win a dismissalcon motion or not guilty at trial you do not need to serve jail. Your previous case has 5 years jurisdiction so you also face a minimum 30 day revocation there also. That can be converted to house arrest.
At your service,


What you need to know is the following. You are looking at your 2nd potential DUI cases in WA state. You are saying that it is an issue of prescription or illegal drugs NOT alcohol. Then according to the statute you would be facing a minimum of 30 days in jail, AND 60 days of electronic home monitoring that you would have to pay for OR this EHM can be converted to an extra 4 days in jail so a total of 34 MINIMUM on jail. Remember that you have a violation issue is you get tagged with the new DUI of 30 days jail on the old DUI that you received within the 5 year probationary period. The violation time on the old DUI can be converted to work crew or EHM if the Judge says yes. Make sure you get an attorney. There are many things to check and potentially to argue on these type of DUI cases so have an experienced DUI attorney help you.

Patrick Owen Earl

Patrick Owen Earl


Do you have an attorney yet?


You need to hire an attorney to evaluate your case. As others mention, there may be problems with the State's case and you may be able to get the charges reduced or even dismissed. You may also win at trial or opt for a deferred prosecution - both avoid a jail sentence. If convicted or you plead guilty you are looking at mandatory jail time - 30 or 45 days - depending on the circumstances (refusal to provide breath test, high BAC) plus mandatory EHM. If on probation (even if not active) from the previous DUI/DWI you are looking at a mandatory 30 days jail. Unfortunately the counties in Washington are not consistent with imposition of jail alternatives - consult with a local practitioner and good luck!


A second DUI conviction in five years will lead to mandatory jail time, followed by electronic home detention. You may want to consider a deferred prosecution if you still have that option.


If you're convicted of a second DUI and seven years the court must impose at least 30 days jail (or 45 days if you refused a breath test or blew above 0.15). The statute does not allow the judge to deviate from this except when a person can show that jail time would create a substantial risk of serious emotional or physical harm.

As you can see, the stakes are a lot higher on a second DUI. In addition to facing more jail time, higher fines and greater licensing consequences, the prosecutor is going to be a lot less likely to cut deals.

You need a good DUI attorney to help you. Start interviewing some today and figure out who you're going to hire to help you.

Scott W Lawrence
Law Office of Scott Lawrence, PLLC
(425) 488-8481

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