Second Offense DUI in Washington

'"Driving under the Influence", also referred to as a DUI in Washington, means operating—or merely being in actual physical control of—a motor vehicle while impaired by alcohol, prescription medication, or any other drug. The provisions RCW 46.61.502.

A current charge counts as a second-offense DUI when it occurs within seven years of any prior DUI-related conviction (including amended convictions such as reckless or negligent driving).

Washington imposes two independent layers of punishment:

These escalating sanctions reflect the state's twin goals: to protect the public and reduce repeat impaired driving through treatment.

Is a 2nd DUI a Felony in Washington?

Generally, no. A second-offense DUI is ordinarily a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine.

A DUI—whether it is a person's second, third, or subsequent—can be charged as a Class B felony ("Felony DUI") under any of these circumstances:

• Four or more prior DUI-related convictions within the past ten years
• A prior conviction for vehicular homicide or vehicular assault while under the influence
• The current incident causes serious bodily injury or death.

Aggravating factors such as very high BAC, a child passenger, or attempting to elude police do not, by themselves, create a felony. Still, they do increase mandatory minimums and sentencing enhancements.

What is the Lookback period for a Second DUI in Washington?

Washington counts a DUI as a "second offense" when the new arrest occurs within seven years of any prior DUI-related conviction (including reductions such as reckless or negligent driving). This seven-year window—spelled out in the sentencing statute RCW 46.61.5055—controls the mandatory minimum jail, fine, and license-revocation ranges that the judge must impose. It is a criminal-law rule; the Department of Licensing (DOL) applies the court's finding when setting the length of the suspension or revocation. Outside of this seven-year lookback, the incident is sentenced as a first offense (though it still appears on the record).

What are Aggravating Factors in a Second DUI in Washington?

Aggravating circumstances do not automatically turn a second DUI into a felony, but they raise the statutory minimums and can trigger additional days in jail, higher fines, or longer license loss. Under RCW 46.61.5055(7), the court must consider, and may enhance for, any of the following:

• High alcohol concentration (0.15 % or higher): Raises the floor from 30 to 45 days in jail and lengthens the revocation from two years to 900 days.
• Refusal to take a breath or blood test: Treated the same as a high BAC for sentencing and adds three years of license revocation.
• Crash causing injury or significant property damage – The court must weigh the harm caused and can impose the top end of the jail range or charge vehicular assault.
• Child passenger under 16: Each child adds five extra mandatory days in jail and a $2,000–$5,000 additional fine.
• Wrong-way driving on a multi-lane highway or driving with multiple passengers in a manner that endangers them.

Only three situations elevate any DUI (second, third, or otherwise) to "Felony DUI": (1) four prior DUI-related convictions in ten years; (2) a prior vehicular assault/homicide while under the influence; or (3) the current incident causes serious bodily injury or death.

What Happens If You Get a 2nd DUI in Washington?

Minimum sanctions hinge on the driver's BAC level (or a test refusal):

• Jail / Electronic Home Monitoring
  • BAC < 0.15 %: 30 days in jail plus 60 days EHM.
  • BAC ≥ 0.15 % or refusal: 45 days in jail plus 90 days EHM.
• Fine
  • BAC < 0.15 %: $1,245–$5,000.
  • BAC ≥ 0.15 % or refusal: $1,670–$5,000.
• License loss (DOL)
  • Two-year revocation if BAC < 0.15 %.
  • 900-day revocation (three years if refusal).
• Ignition-Interlock Device (IID) – mandatory on every vehicle the individual drives for five years after reinstatement.
• Alcohol/drug assessment and all recommended treatment, plus a state-approved victim-impact panel.
• Up to five years of probation, during which any violation can reactivate suspended jail time.
• Commercial drivers: one DUI conviction disqualifies a CDL for one year; a second is a lifetime bar (RCW 46.25.090).
• Vehicle impound/forfeiture: police must tow the car for at least 12 hours; repeat violations or a felony upgrade can result in permanent forfeiture.

Because the penalties escalate quickly, and a second conviction becomes the springboard for felony classification if there are more offenses, anyone charged is typically advised to consult an experienced Washington DUI attorney.

How Long Does a Second DUI Stay On Your Record in Washington?

Under Washington law, a DUI (first, second, or later) can never be vacated, expunged, or sealed. RCW 9.96.060 expressly bars vacation of any conviction for RCW 46.61.502 (DUI) or RCW 46.61.504 (physical-control) offenses, no matter how old they are. Consequently, a second DUI remains part of the driver's adult criminal history for life and is visible to employers, licensing boards, landlords, and immigration or border officials whenever they run a conviction-level background check. Washington Law Help confirms that "no state law allows the deletion or destruction of an adult DUI conviction record".

Although the conviction is permanent, its practical impact changes over time:

• Seven-year lookback: Courts use the prior seven years to decide whether a new arrest counts as a second or subsequent DUI and to set mandatory minimum sentences.
• Insurance & SR-22 – The Department of Licensing generally requires proof of high-risk SR-22 for three years after they reinstate; private insurers may surcharge much longer.
• Federal reporting rules – Consumer background screening companies may report convictions indefinitely under the Fair Credit Reporting Act because DUIs are crimes, not mere traffic infractions.

How Much Does a Second DUI Cost in Washington?

The monetary fines for a second DUI in Washington repeated within 7 years of a prior conviction range from $500 - $5,000. The minimum fine charged to an offender is determined by aggravating factors such as minor/multiple passengers or a Breath Alcohol Concentration (BAC) of 0.15% at the point of arrest. Other costs incurred by an offender for a second DUI include:

• Ignition Interlock Device (IID) installation fee of $10 per device and a $5 monthly administrative fee
• DUI school/treatment for basic alcohol information ($100 - $200)
• A non-refundable hearing fee of $375 to the Department of Licensing
• Bail amount ($10,000 - $100,000) or more
• SR-22 Insurance for a period not less than 3 years (cost determined by the state)
• SCRAM/EHM device (cost determined by the installer)

Chances Of Going To Jail For a Second DUI Offense In Washington?

In Washington, a mandatory jail sentence is imposed on a second DUI, which ranges from a minimum of 30 days up to 364 days of incarceration upon arrest. Aggravating factors like death or injuries resulting from an accident, a vehicle with a minor(s) under 16 years, the offender's refusal to submit to a chemical test, and a BAC higher than 0.15% are potential determinants that could increase the jail sentence of a second DUI offender.

Driver's License Suspension for a Second DUI in Washington

License suspension by the Department of Licensing (DOL) and revocation by the court upon a criminal conviction are two distinct actions that could affect an offender's driving privileges on account of a second DUI in Washington. For instance, a two-year administrative suspension is imposed on an offender's driving license with BAC lower than 0.15%. At the same time, refusal to submit to a chemical test could result in license suspension for up to 3 years. A DUI offender with prior license suspension may be eligible to apply for a Hardship License when certain conditions are met, including using an Ignition Interlock Device. This limits offenders' driving to essential places like school, work, medical appointments, treatment programs, or other activities. A second DUI offender may be qualified for a restricted license if:

• The license was not revoked indefinitely.
• Submits to chemical testing
• DUI treatment/assessment are completed

Ignition Interlock Device Requirement

An ignition Interlock Device is a mandatory device installed by a DUI offender for 5 years, regardless of the class or severity of the offense. An IID is a critical safety mechanism to detect a driver's BAC before the vehicle starts. The engine of the car would not start if the driver's BAC level exceeds the predetermined threshold.

The offender bears all financial burdens of installing an IID $10 monthly regulatory fee of $5, and a charge of $21 per device payable to the state Department of Licensing (DOL). An offender may also be required to pay a daily fee not more than $3, depending on the features/complexity of wiring the vehicle during installation. Indigent/low-income drivers may be eligible to receive financial assistance from the state of Washington to help offset the economic burden of installing and maintaining an IID.

DUI School and Substance Abuse Treatment

In Washington, a DUI school and substance abuse treatment are mandatory conditions for a sentence recommended by a Judge as a critical procedure for regulating a second DUI offense. The severity of Substance Use Disorder (SUD) diagnosed at the point of arrest determines the intensity of training, ranging from a one-day drug information school up to two years of comprehensive outpatient treatment. This assessment is a rehabilitative approach by the state aimed at addressing underlying issues relating to the use and abuse of drugs/alcohol, which moves beyond immediate penalties to prevent similar future occurrences. Offenders' compliance with a DUI treatment is monitored by the Department of Licensing (DOL). It requires proof of enrollment verification/completion of assessment as a necessary condition to reinstate an offender's license.

Probation Conditions

A probation sentence is one of the measures to regulate a second DUI in Washington. Compliance with probation occurs for five years, which could be supervised, unsupervised, or a bench probation solely overseen by a Judge. Upon suspension/revocation, an individual's driving privileges assume a probationary status, subject to the following conditions:

• Total abstinence from unprescribed drugs and an alcohol level lower than 0.15% when in physical possession of a vehicle
• Restricted driving without proof of liable insurance/valid license
• Installation and maintenance of Ignition Interlock Device (IID) on all offender's vehicle
• Submission to breath or blood test upon request by the relevant law enforcement agency
• Compliance with the Substance Use Disorder or other recommended programmed or other court-order programs such as a sobriety test.
• Restriction on an offender's travel permit

Community Service Requirements

In Washington, community service is not a mandatory penalty for a second DUI conviction. Still, the court may impose it as an alternative to a fine or jail sentence. Community service of 30-50 hours may also be recommended as a probationary plea agreement.

Impact on Auto Insurance

A second DUI in Washington may significantly impact auto insurance premiums, leading to the policy's cancellation or nonrenewal. SR-22 insurance, official proof of an individual's financial ability to restore damages caused while driving, indicates the offender is a high risk to insurers. Insurance premiums may increase to mitigate the risk involved or lead to the termination of the policy. In Washington, SR-22 insurance is only obtained from a reputable insurance company approved by the state.

Which Courts Handle DUI Cases in Washington

DUI cases in Washington are handled by Municipal, District, or Superior courts depending on the status of the offense, court jurisdiction, and the arrest location. This court handles most DUI cases within city limits, including gross misdemeanor offenses. However, aggravated DUI cases involving death, injuries, or multiple DUIs within 7 years are offenses under the jurisdiction of the Superior Court. The following is the contact information and location of major DUI courts in Washington:

Seattle County Municipal Court
600 5th Ave
P.O. Box 34987
Seattle, WA 98124-4987
Phone: (206) 684-5600
Mail: smc_publicsvcs@seattl.gov
Website: Seattle Municipal Court

Tacoma County Municipal Court
930 Tacoma Ave
Rm 841 Tacoma,
WA 98402-2181
Phone: (253) 591-5357
Mail: MunicipalCourt@tacoma.gov

SeaTac County Municipal Court
SeaTac City Hall
4800 S.188th
St, SeaTac, WA, 98188
Phone: (206) 973-4610
Fax: (206) 248-4327
Email: municipalcourt@seatacwa.gov

Whatcom County District Court
311 Grand Avenue
Suite 401
Bellingham, WA 98225
Phone: (360) 778-5400
Fax: (360) 778-5401

Pierce County District Court
930 Tacoma Ave South
Criminal Division
Tacoma, WA 98402-2115
Phone: (253) 798-7487
Fax: (253) 798-6310
Email: PCDISTCRT1@piercecountywa.gov
Website: Pierce District Court

Snohomish County District Court
20520 68th Ave W
Lynnwood, WA 98036-7406
(425) 774-8803
Phone: (425) 744-6800
Fax: (425) 744-6820

In Washington, the Department of Licensing (DOL) conducts administrative license suspension hearings through the Office of Administrative Hearings (OAH). The state's Department of Licensing performs a wide range of duties, which include the following:

• Issuance, renewal, and replacement of a driver's license
• Vehicle registration, titling, and ownership transfer
• Installation and maintenance of the Ignition Interlock Device (IID)
• Provision of business and professional license
• Issuance of special permits to agricultural vehicles and other road users
• License policy implementation

DUI appeals are under the jurisdiction of the Washington State Court of Appeals, which is divided into three geographic divisions, each with its own courthouse, court clerk, and administrative staff. For more information on license hearings and appeals, interested persons may visit/call/send mail to the following addresses:

Office of Administrative Hearings (OAH)
2420 Bristol Court SW
Olympia, WA 98502
P.O. Box 42488
Olympia, WA 98504
Phone: (360) 407-2700
Fax: (360) 664-8721

Washington State Patrol
Helen Sommers Building
1K06 11th Avenue SW
Olympia, WA 98501
P.O. Box 42600
Olympia, WA 98504

Can You Get a DUI on a Horse in Washington?

Practically speaking, no—Washington's DUI statute does not reach horseback riding.

RCW 46.04.670 defines "vehicle" as a device that can transport people or property on a public highway but then expressly excludes "a device … moved by human or animal power". A live horse is, by definition, "moved by … animal power", so it falls outside the statutory term.

The crime of driving under the influence in RCW 46.61.502 applies only when a person "drives a vehicle … while under the influence". Because a horse is not a vehicle, the basic elements of DUI cannot be met.