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dui mandatory penalties

why was i charged with DUI?

If you have been arrested for DUI, you need a criminal defense attorney to fight for you. I have represent those accused of DUI in Lynnwood, Snohomish County, King County, Skagit County, the Department of Licensing and more. As a criminal defense lawyer I know that having a solid defense strategy and being proactive can be the difference between being convicted of a DUI, receiving a beneficial amendment, or getting a DUI dismissal. A DUI charge can be a sudden and intimidating event, you need a skilled and affordable DUI Lawyer to fight for you. Call the Law Firm of Lucas D. McWethy for your free consultation.

DRIVING UNDER THE INFLUENCE Defense lawyer

3rd or subsequent DUI in Seven Years (4 or more DUI's in 10 years will be charged as a felony DUI and be subject to different standards)

  • Breath test under .15: 90 day of jail, ignition interlock requirement, 3 year license suspension
  • Breath test over .15: 120 days of jail, ignition interlock requirement, 4 year license suspension.
  • Breath test refused: 120 days of jail, ignition interlock requirement, 4 year license suspension.


2nd DUI in Seven Years

  • Breath test under .15: 30 day of jail, ignition interlock requirement, 2 year license suspension
  • Breath test over .15: 45 days of jail, ignition interlock requirement, 900 day license suspension.
  • Breath test refused: 45 days of jail, ignition interlock requirement, 3 year license suspension.


The information above is a brief synopsis of some of the penalties. For a full account of the penalties see RCW 46.61.5055 or contact the Law Firm of Lucas D. McWethy to discuss your case.

1st DUI in Seven Years

  • Breath test under .15: 1 day of jail, ignition interlock requirement, 90 day license suspension
  • Breath test over .15: 2 days of jail, ignition interlock requirement, 1 year license suspension.
  • Breath test refused: 2 days of jail, ignition interlock requirement, 2 year license suspension.


There are number of different circumstances that can lead to a person being charged with a DUI. RCW 46.61.502 states that a person is guilty of DUI if they are operating a vehicle with an alcohol concentration of greater than 0.08 or a THC concentration of 5.00 nanograms or more or if their driving is affected by alcohol, drugs or a combination of the above. What this means is that you can be charged with a DUI if the Officer believes your driving was affected by alcohol and/or drugs (regardless of being under or over the 0.08 per se limit).

Once charged with a DUI there are a number of collateral issues that arise in addition to the criminal charges. There may be traffic infractions, a DOL action to suspend your license, the statutory requirement of an ignition interlock device on your car, and more. Additionally, DUI is one of the few misdemeanors that has mandatory minimum jail time (see below). This means that no matter the circumstances, if you plead or are found guilty of a DUI, the judge has to impose these minimum jail sentences. These jail sentences increase dramatically with each additional DUI you have on your record. The court considers a prior to be a DUI where the arrest dates are within 7 years of each other.  Contact the Law Firm of Lucas D. McWethy for your  free consultation to discuss your case specifics and how I can help you to stay driving and out of jail.

FREE CASE EVALUATION: Send us an email today to begin you free evaluation and schedule your free consultation.

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