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 DUI 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 much worse is a second DUI?
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. These are the figures from the Washington Courts sentencing grid for a second offense:
| Second offense (one prior) | BAC under 0.15 | BAC 0.15 or higher, or refusal |
|---|---|---|
| Mandatory minimum jail | 30 days | 45 days |
| Electronic home monitoring | 60 days mandatory | 90 days mandatory |
| Alternative to jail + EHM | 180 days EHM, or 120 days of 24/7 sobriety monitoring | 6 months EHM, or 120 days of 24/7 sobriety monitoring |
| Mandatory minimum fine | $1,245.50 | $1,670.50 |
| Driver licensing action | 2-year revocation | 900-day revocation (3 years if refused) |
A second DUI or physical control conviction within seven years of a prior offense also makes it unlawful for that person to possess a firearm. Figures from the Washington Courts DUI sentencing grid, January 2026 revision.
Can I still get a deferred prosecution on a second DUI?
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.
Are there still defenses on a second DUI?
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.
Does treatment help on a second DUI?
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?
Seven years, measured arrest date to arrest date — a prior counts if the arrest occurred within seven years before or after the arrest for the current offense (RCW 46.61.5055(14)(c)). A separate fifteen-year window applies to whether a DUI becomes a felony — widened from ten years effective 1 January 2026.
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.