DUI convictions in Washington State carry mandatory minimum penalties. Subsequent offenses within a seven year period carry minimum penalties if there is a conviction on the subsequent offense. A DUI charge is one that has yet to be adjudicated and the consequences are yet to be determined. The penalties for a second offense are dependent upon the outcome (e.g., plea bargain, guilty plea, dismissal or acquittal) of the initial pending charge. For example, if you had a DUI conviction earlier this year and the mandatory penalties were imposed and you subsequently were charged, you would face a review on the original charge, wherein the court could (and probably would) revoke some of the suspended jail time and fines. A second conviction would also require that the court impose mandatory minimum penalties (as outlined by the sentencing statute for alcohol violators, RCW 46.61.5055) which include at least 30 or 45 days in jail (for a second offense within two years) and fines, fees, a license suspension, ignition interlock requirements and probation. You would want to discuss in detail, the circumstances surrounding your original charge and sentence imposed with a skilled DUI attorney. Please feel free to contact me regarding a DUI charge in Washington State.
There are three things that will happen: A Department of Licensing hearing, A Failure to Comply Hearing for the original charge, & Fighting the new charge.
Department of Licensing:
Just like in your first DUI case, make sure you know how and when to send in your hearing request form for the Department of Licensing - Let me know if the police did NOT give you a hearing request form.
Failure to Comply:
The Court handling your first DUI will send you notice that you have to come back in. During this hearing, the Court will decide whether or not to impose some (or all) of the suspended jail time and fines from the first DUI. Courts vary in how they handle FTC hearings but most will allow the case to be continued until there is a conviction for the new DUI.
The first question on the new DUI is whether or not you are guilty. You will need some legal help on this. If you are guilty, you may want to explore a Deferred Prosecution. The mandatory minimums on a second DUI are quite high. I have a list of the penalties and an article that explains Deferred Prosecutions on my website - I'll include a link at the end of this answer. If you are not guilty, then you will need to dig in and fight this new charge.
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In Georgia you would be looking at a minimum of 72 hours in jail followed by a period of probation. While on probation, you would be required to complete 240 hours of community service, attend DUI School (Level II), get an alcohol evaluation and follow any suggested treatment program, surrender your license plate and surrender your license. This would be a "hard" license suspension for 12 months followed by 6 months with a limited permit with an ignition interlock device installed on your car.
Another consequence for most second LIFETIME offenders is the mandatory restriction on your ability to leave the state of your conviction during any period of probation, absent completion of some elaborate applications and forms required by the "interstate Compact". A creature of federal law, this "Compact" has been signed by virtually all states, Puerto Rico, the Virgin Islands and the District of Columbia, and restricts travel or relocation from the state that has a repeat DUI offender under active probation without following all rules for transfer or travel. Rule 2.15 and subsequent provisions outline the long and arduous task of leaving a state when you are under a probation order. Departing of the state where you are under probation without permission is a CRIME, and the Interstate Compact authorizes you to be held for extradition back to the state where your probation is pending, if found in another state without following all of the strict requirements of this law. I have added a link for this statute below.
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