The jump from a first to a second DUI is the steepest escalation in Washington's impaired driving law. Mandatory jail time increases significantly, license consequences lengthen, and the negotiating room that existed the first time narrows considerably.
That makes two things critical: verifying whether the prior actually counts, and taking the treatment and mitigation side of the case seriously from the first week rather than the week before sentencing.
What counts as a prior offense
- A previous DUI conviction
- A previous physical control conviction
- A conviction for vehicular assault or vehicular homicide
- A conviction for reckless driving or negligent driving in the first degree, where the charge was originally filed as a DUI
- A deferred prosecution granted on a prior impaired driving charge
That last category surprises people constantly. A first case that was reduced to reckless driving still counts as a prior for these purposes — so a person who believes this is their "first DUI" may legally be facing a second. Confirming the prior record accurately is the first thing we do.
How the penalties change
A second offense remains a gross misdemeanor in most cases, with a maximum of 364 days in jail and a $5,000 fine, but the mandatory minimums rise sharply — and rise further where the alcohol concentration was 0.15 or higher or the test was refused. Expect longer license revocation, a mandatory ignition interlock requirement, extended probation, and required alcohol assessment and treatment. Washington also amended its impaired driving statutes effective January 1, 2026, so the specific figures in your case should be confirmed against current law.
Deferred prosecution may still be available
Washington's deferred prosecution program is treatment-based: a person with a qualifying condition agrees to a rigorous, lengthy treatment program, and if they complete it the charge is ultimately dismissed. It is available only once in a lifetime, which is precisely why it deserves serious thought on a second offense rather than being used up casually on a first. Whether it fits depends on an honest assessment, and it is a significant commitment rather than an easy exit.
Defenses do not disappear on a second case
The prior does not make the current stop lawful or the current test result accurate. Everything we examine on a first offense still applies: the basis for the stop, the administration of field sobriety tests, the observation period, the breath machine's maintenance and calibration records, and whether a blood draw was properly authorized. A second charge that gets dismissed carries exactly the same weight as a first one that does.
Mitigation matters more here
Where the evidence is strong, the realistic work is reducing the consequences — and on a second offense, judges pay close attention to whether the person has genuinely engaged with treatment. An assessment completed early, and treatment started before sentencing rather than ordered at it, is one of the few things that reliably changes outcomes at this level.
Frequently asked questions
How far back does Washington look for prior DUIs?
The statute uses a look-back period measured in years from the prior offense, and additional rules apply where there are multiple priors or a longer window. Because the calculation drives your mandatory minimums, it should be verified against your actual record.
My first case was reduced to reckless driving. Does it still count?
Generally yes, if the original charge was a DUI. A reduction protects you from a DUI conviction on your record, but the reduced charge still counts as a prior offense for sentencing on a later case.
Can I still get a deferred prosecution?
Possibly, if you have never used one before — it is available once in a lifetime. It requires a qualifying condition and a substantial, lengthy treatment commitment, so it is a serious decision rather than a shortcut.
Will I definitely lose my license?
A second offense carries a longer revocation than a first. Most drivers can still drive during that period with an ignition interlock driver's license, which is worth arranging quickly to protect your employment.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.