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2nd, 3rd, And 4th Offense DUIs
Did you know that 15% of people with a DUI conviction reoffend within five years in Washington State? If you are one of them, you must speak to a qualified attorney right away.
The stakes are much higher if this isn't your first DUI in Washington State. The Pierce County Courts come down hard on repeat offenders, and penalties only get more severe with each conviction under RCW 46.61.5055. Because Washington State uses a seven-year "look-back" period, any DUIs in the last seven years count against you now.
For example, if this is your second DUI, you're looking at a mandatory minimum of 45 days in jail, steeper fines, and a longer license suspension. You'll also be required to install an ignition interlock device on your vehicle. If this is your third DUI? Things will get even more serious with the risk of felony charges, along with mandatory prison time and the possibility of losing your license for years.
Pierce County judges and prosecutors take repeat offenses very seriously because they see them as a pattern of risky behavior that threatens all the drivers in Tacoma. This means there's less room for second chances or reduced penalties. However, you can still fight for a favorable outcome.
If you're in this situation, now's the time to take it seriously and make sure you have a legal team that knows how to fight for you. Call our Tacoma-based DUI defense team to learn more.
What Happens With Your 2nd DUI Offense In Washington State?If you're up against a second DUI offense in Washington State, the penalties become much more severe. A second DUI offense carries stricter consequences compared to the first under RCW 46.61.5055. In Pierce County, where law enforcement is strict on DUI offenders, the courts will take your previous offense into account and impose harsher penalties.
- License Suspension: The courts will suspend your license for a minimum of two years under RCW 46.20.310. Suspension can be longer, depending on the circumstances of your case.
- Jail Time: You may face a mandatory minimum of 45 days in jail, depending on your BAC and the specifics of your case.
- Fines: Fines for second offenses range from $500 to $5,000, and the court may also order mandatory alcohol treatment or rehabilitation programs.
- Ignition Interlock Device: A court may order you to place an ignition interlock device in your car for up to a year under RCW 46.20.740.
A third DUI offense is a felony in Washington State. Under RCW 46.61.5055, if convicted of a third DUI offense within 10 years, you may face:
- License Suspension: A minimum 10-year license suspension
- Jail Time: A mandatory minimum sentence of 90 days in jail, with the possibility of up to 5 years in prison
- Fines: Fines ranging from $1,000 to $10,000, along with possible restitution or additional fees
- Rehabilitation and Treatment: As with previous offenses, the court will likely require alcohol or drug treatment programs.
If you’re facing a fourth DUI in Washington State, the consequences are about as serious as they get. Under RCW 46.61.5055, Pierce County Courts have the authority to come down hard, and they usually do. With your fourth DUI, you will face:
- Hefty Fines: You could be looking at fines that exceed $10,000.
- Mandatory Rehab: The judge could order you to attend rehab or alcohol treatment programs.
- Strict Monitoring: The court might also order intense probation or law enforcement supervision, making your daily life a lot more restricted.
- A Long Prison Stay: Depending on the details of your case, the judge may order a lengthy prison sentence.
- Permanent License Revocation: Under RCW 46.61.5055, your driving privileges could be taken away for good.
A repeat DUI can derail your ability to drive, impact your job, and damage your future. Our Tacoma-based DUI attorneys have 30 years of combined experience defending clients throughout Washington State, including Pierce County. Contact us today for a free consultation to discuss your DUI case.
Our Tacoma DUI Attorneys Answer Your Top FAQsOur Tacoma attorneys have been practicing law for over 30 years combined. In that time, we've learned a lot about what happens during repeat DUI offender cases in Pierce County. Call us whenever you have questions. Our legal team is always available to provide answers. Let's start with your most frequently asked questions (FAQs) about 2nd, 3rd, and 4th offense DUIs:
Q: How does the 7-year look-back period work for repeat DUIs in Washington?
A: In Washington State, prosecutors and judges use a 7-year look-back period to determine if your DUI is a second, third, or fourth offense under RCW 46.61.5055. The law says: "A prior offense within seven years shall be considered for sentencing purposes." What that means is that the court will look back exactly seven years from the date of your current arrest––not conviction––to see if you had any prior DUIs or DUI-related reductions, like reckless or negligent driving under RCW 46.61.5249.
So, if you picked up a second DUI in Proctor or after a night out in Ruston Way, the judge will check whether you had a qualifying offense within that 7-year window. If yes, you're looking at mandatory minimum jail time, longer license suspensions, and steeper fines. We've seen people surprised when a "decade-old" DUI doesn't count, but one from six years and eleven months ago does. Timing is everything, and we can help break that down.
Q: Will the Pierce County Court consider DUIs from another state when determining if I'm a repeat offender?
A: Yes. Washington law absolutely allows out-of-state convictions to count as priors if they're "comparable offenses." Under RCW 46.61.5055(14)(a), the statute says:
"An offense is a prior offense... whether it was committed in this state or in another jurisdiction... and is comparable to Washington offenses."
So, if you had a prior DUI in Oregon or California, even if their BAC limits or procedures were slightly different, Pierce County courts can still use that conviction to enhance your current DUI charge. We've handled plenty of cases like this in Tacoma, where people got a DUI while visiting family or even while stationed out of state, and it came back to haunt them years later. We know how to argue whether an out-of-state law aligns with Washington State's. Sometimes, that can make or break whether your case qualifies as a second or third DUI.
Q: Can a prior DUI that was reduced to reckless driving still count against me?
A: Yes, and that's where a lot of people get blindsided. If the courts amended your prior DUI to reckless driving under RCW 46.61.500 or first-degree negligent driving under RCW 46.61.5249, it still counts as a "prior offense" under DUI sentencing laws. The law is clear:
"'Prior offense' includes... a conviction for reckless driving... or negligent driving in the first degree... originally filed as a DUI." (RCW 46.61.5055(14)(a)).
So, even if you thought you avoided a DUI years ago by pleading down, it could still come back to enhance a current charge. We've seen this happen with folks who got a reduced charge years ago, then ended up facing a second DUI charge after a stop near the Tacoma Dome or along I-5. If the paperwork shows that the first case started as a DUI, the court can and will count it.
Q: Can I avoid mandatory jail time if I complete treatment or a DUI court program?
A: Possibly. Whether or not you can avoid jail time depends on how many prior offenses you have and what alternative sentencing options you qualify for under Washington State law. In Pierce County, options like DUI Court and Structured Sobriety Programs might help reduce or delay jail time, especially on second offenses. However, mandatory jail is required under RCW 46.61.5055 unless the judge approves an alternative sentence, and that often depends on your participation in court-monitored treatment or electronic home monitoring (EHM).
For example, a second DUI within seven years means a minimum of 30 days in jail and 60 days EHM unless you're eligible for a treatment-based alternative. Third offenses come with even harsher mandatory jail time of 90 days plus 120 days of license ignition interlock monitoring. We've worked with clients from Hilltop to South Tacoma to get into DUI Court, which includes counseling, drug/alcohol testing, and close court supervision. It's a lot of work, but it's the only way to avoid more time behind bars for some people.
Q: Can I enter a deferred prosecution if I already used that option in a past DUI?
A: No. Washington law limits deferred prosecution under RCW 10.05 to one lifetime use. The statute is blunt: "A person shall not be eligible for a deferred prosecution more than once." So, if you already used that option, whether in Tacoma or anywhere else in Washington State, you can't use it again, even if it was ten or twenty years ago.
We've seen folks who completed a deferred prosecution back in the '90s and thought enough time had passed to do it again. However, the law is absolute: One and done. That said, if you never finished or were kicked out of the first one, we can argue that it doesn't count as a completed program. That's where legal strategy gets very case-specific.
Q: Will Pierce County Courts force me to go to treatment for repeat DUIs?
A: In nearly every repeat DUI case, yes. Chemical dependency treatment is not just a recommendation under RCW 46.61.5055. Rehab is a court-ordered, mandatory condition of probation. For second and third offenses, the Pierce County courts typically require a full chemical dependency assessment, followed by intensive outpatient treatment, abstinence monitoring, and sometimes, long-term care. The law reflects the belief that repeat DUIs are often the result of a substance abuse problem that needs medical care.
In Pierce County, especially with repeat DUIs from areas like Pacific Avenue or near Tacoma Mall, the judges take treatment seriously. You'll need to show proof of enrollment in an ASAM Level 2.1 outpatient program or higher. We've helped many clients get into approved providers and negotiate structured treatment plans that satisfy the court while minimizing disruption to their jobs or family responsibilities.
If you're dealing with a fourth DUI, the stakes go even higher. At that point, the courts will charge it as a felony under RCW 46.61.502(6), and treatment is no longer just part of sentencing. It can become part of your release conditions from jail or even prison. We can help you get ahead of the court's orders and show that you're taking it seriously. Judges in Pierce County respond to proactive efforts, especially when backed with experienced legal strategies.
If you're facing a DUI in Tacoma, you're staring down real consequences like license suspension, jail time, mandatory ignition interlock devices, and steep fines. Under RCW 46.61.502, it's illegal in Washington State to drive "while under the influence of intoxicating liquor, marijuana, or any drug," and that includes legal prescriptions. The law hits hard. A first offense can land you in Pierce County Jail for up to 364 days and fine you up to $5,000. Because we've spent over 30 years combined defending DUI cases from South Tacoma Way to Stadium District, we know exactly how the courts in Pierce County handle these charges. We've stood beside clients in the Tacoma Municipal Court and Pierce County District Court, arguing motions to suppress illegal traffic stops, challenging faulty BAC tests, and negotiating with prosecutors at the County-City Building downtown.
If you were pulled over on I-5 near Tacoma Mall, stopped around Point Defiance after a night out, or arrested after leaving a game at Cheney Stadium, we dig into every detail. That includes reviewing bodycam footage, breathalyzer maintenance logs, and whether your arresting officer followed the administrative procedures required under WAC 448-16-060. We've cross-examined state toxicologists in cases involving stops in neighborhoods like Proctor, Hilltop, Browns Point, and Fern Hill. We know the prosecutors who handle cases from Eastside to Titlow Beach, and we don't back down. Our experience in Pierce Transit DUI-related arrests and local checkpoints around Pacific Avenue and Sixth Avenue gives us an edge when building your defense.
You don't have to take a guilty plea just because you're charged. DUI arrests in places like University Place, Manitou, and even near Ruston Way happen fast, and law enforcement doesn't always get it right. We've had DUI cases dismissed after proving officers violated your Fourth Amendment rights, which applies here in Washington via Article I, Section 7 of the Washington State Constitution:
"No person shall be disturbed in his private affairs, or his home invaded, without authority of law."
Whether you were pulled over leaving the Tacoma Dome, caught at a checkpoint around McKinley Park, or arrested after a stop near the Tacoma Nature Center, our attorneys will fight to protect your freedom and your future. Call us now to learn more.
Washington State Is Hard On Repeat DUI OffendersIf you get arrested for a DUI more than once, you're in big trouble. The law is tough on people who have more than one DUI. The more times the police arrest you for DUI, the worse the penalties get. You can lose your license, pay big fines, and even go to jail for a long time. Nevertheless, an attorney can help you. We will fight to keep you out of prison. Call us now for a free case review.
Why You Need An Attorney For Repeat DUI ChargesWith such steep penalties for repeat DUIs, you need an experienced Tacoma lawyer. Here are some of the ways our Tacoma-based DUI defense team can help:
- Specialized Legal Knowledge: Washington State law, specifically RCW 46.61.5055, dictates stricter penalties for repeat DUI offenders. An experienced attorney knows how to use these laws to reduce your fines or potentially challenge the evidence.
- Negotiate Sentences: A lawyer can often negotiate with prosecutors to reduce jail time or secure alternative sentencing options like treatment programs rather than serving time behind bars.
- Prevent A Conviction: With the right legal strategy, your attorney may be able to work with Pierce County prosecutors to have the charges dismissed or reduce them to a lesser offense, saving you from severe consequences.
- Protect Your Future: Multiple DUIs severely impact your job prospects and can restrict your travel. Our lawyers will work to minimize these long-term effects.
Repeated DUI charges can threaten your freedom and future. Our Tacoma-based DUI attorneys are here to help you through this difficult situation.
Schedule Your Free DUI Defense Consultation With Our Tacoma Attorneys NowIf you're a repeat DUI offender, it will not be like the last time. Penalties get more severe with each conviction, so the stakes are high. We've spent over 30 years defending people like you across Washington State, including Pierce County, working to reduce charges, challenge evidence, and find opportunities to minimize penalties. Knowing what to expect and working with the right attorney can significantly impact how your case plays out.
