Most DUI’s in Washington State are misdemeanors and have a 7 year look back period to determine their offense level. Felony DUI’s have a longer look back and are pretty rare. Offense levels, like first, second or third, are important because they set the mandatory minimum penalties for DUI and Physical Control convictions. Blood alcohol content (BAC) is also a factor for these mandatory minimums, which are the baseline penalties a judge is required to impose.
For misdemeanor DUI’s, an old arrest for DUI or Physical Control within 7 years from the date of the new arrest will usually count as a prior offense. If that old arrest eventually led to a conviction for DUI, Physical Control or a negotiated plea reduction down to Reckless Driving, Reckless Endangerment or Negligent Driving in the First Degree, then it will definitely count as a prior.
Let’s say, you were arrested for DUI for the first time in your life on February 1, 2017. That case began as a first offense DUI and eventually resolved with a negotiated guilty plea to Reckless Driving. Then just over 6 years later on April 10, 2024 you were arrested for DUI again. This new arrest would be considered a “second offense DUI” because your old DUI arrest was both within 7 years of the new arrest date and resolved with a conviction for Reckless Driving.
Even before heightened penalties at sentencing, a prior offense could lead to elevated conditions of release, including mandatory ignition interlock device, at your first court hearing.
If you or someone you care about are facing a DUI, then you should contact the attorneys at Cooney Law Offices today. We can analyze whether it’s a first offense, investigate suppression issues and craft the best possible resolution. Cooney Law Offices. We can help!