Milios Defense

Seattle DUI & Criminal Defense Attorneys

Open 24/7 – Call or Text
206-745-2371
Email Us

  • About
    • About Us
    • Our Attorneys
      • Tim Milios
    • Free Consultations
    • Legal Fees
    • Domestic Violence Defense
  • Process
    • Jurisdictions
    • Arrest & Processing
    • Arraignment
    • Pretrial Hearing
    • Motions & Evidentiary Hearings
    • Trial
    • Review Hearings
    • Potential Outcomes
      • Record Expungement
      • Quashing Warrants
    • Resources
      • BAC Calculator
      • Glossary
      • Industry Partners
      • Legal Resources
      • WA Court Info
      • WA DOL Info
    • DUI Self Help Guide
      • Alcohol Treatment Evaluations
    • FAQs
  • Penalties
    • DUI Sentencing Grid
      • First Offense DUI
      • Second Offense DUI
      • Third Offense DUI
    • Jail
    • Work Release
    • Fines
    • License Suspension
    • Vehicle Forfeiture
    • Alcohol/Drug Treatment
    • Probation
    • Ignition Interlock
    • Aggravating Sentencing Factors
    • Traveling to Canada
    • Moving to Another State
    • Employment Consequences
    • Immigration Consequences
  • Laws
    • WA State DUI Laws
    • Refusing Breathalyzers
    • Marijuana/Drug DUI
    • Minor DUI
    • Boating DUI
    • Physical Control Laws
    • Other Criminal Traffic Offenses
      • Seattle Reckless Driving Attorney
      • Seattle Reckless Endangerment Attorney
      • Negligent Driving: First Degree (Neg 1)
      • Driving on a Suspended License
      • Seattle Hit and Run Attorney
      • Seattle Vehicular Assault Attorney
      • Seattle Felony DUI Attorney
      • Vehicular Homicide
    • Ignition Interlock Laws
    • Deferred Prosecution
      • Can You Defer Prosecution for a DUI in Washington?
  • DOL
    • DOL Hearing Procedure
    • DOL Hearing Rules
    • License Suspension
    • CDL & DUI
    • SR-22 Insurance
    • Habitual Traffic Offender (HTO)
  • Blog
  • Contact

DUI Second Offense in Washington State

If this is your second offense DUI or DUI related charge, you will be facing a much stiffer challenge than you did with the first offense. Prosecutors will be less inclined to negotiate a reduction of the charge. Depending on the court, significant pretrial release conditions may be imposed. There will be pressure the enter into a Deferred Prosecution. If the first DUI resulted in the entry of a Deferred Prosecution there will be an expectation that you re-enter treatment. Know some of the challenges you might be facing in advance. And contact an experienced Washington DUI lawyer who is familiar with the jurisdiction of your case.

Enhanced DUI Conditions at arraignment

The initial hurdle faced by most people charged with a second offense DUI in Washington is the DUI arraignment or first appearance. More and more often courts are imposing strict release conditions for those with priors. The imposition of bail is certainly likely in a few courts. But most courts will require some guarantee that the defendant in this situation is not drinking. That can mean being forced to install an ignition interlock device, or wear a SCRAM bracelet, or having a alcohol monitoring device installed in your home. For more specific information about the jurisdiction of your arrest see our Where Were You Arrested? section.

Second Offense Department of Licensing considerations

If the first DUI incident was either outside of seven years or did not result in an administrative action against your license, the DOL will be treating this second DUI charge as a first offense for the purpose of administrative sanctions. That would mean the action, if taken, would result in either a suspension for 90 days if there was a BAC greater than .08 or a revocation for one year if there was a refusal to take a BAC test. A second offense would mean a two year license revocation whether there was a .08 BAC or a refusal.

Prosecutorial perspectives on a second DUI charge

There is a lot of pressure on prosecutors, from police, politicians, MADD, etc. to be tough on alleged DUI offenders. Even on first offenses they are rarely willing to just bend to the desire of the defense. When it is a second offense, all sense of compassion and willingness to compromise goes away completely. To convince a prosecutor to reduce a second offense DUI means convincing them that there is something dramatically wrong with there case and that the defendant deserves another chance. They will usually demand heightened pretrial conditions and act under the premise that the defendant will enter into a deferred prosecution.

Pressure to enter into Deferred Prosecution

Those facing a second offense DUI will usually be under some kind of pressure to enter into a deferred prosecution. Before entering into this program, it is important to know what the full ramifications of doing so would be. It is not always in someone’s best interest to enter into a deferred prosecution, even in a second offense scenario. Review our Washington Deferred Prosecution section for complete information and contact us to discuss the particulars of your situation.

A second offense DUI charge in Washington State definitely carries more challenges than a first offense.  That does not mean, however, that you can not beat the charge or that you will be convicted of DUI.  Contact a Seattle DUI lawyer at Milios Defense for immediate assistance if you are facing a second DUI.

DUI Info

  • Jurisdictions
    • King County
      • Seattle DUI Attorney
      • Bellevue DUI Attorney
      • Kirkland DUI Attorney
      • Kent DUI Lawyer
      • Renton DUI Lawyer
      • Federal Way DUI Lawyer
      • Issaquah DUI Attorney
      • Mercer Island DUI Lawyer
      • Redmond DUI Attorney
      • Shoreline DUI Lawyer
    • Snohomish County
      • Edmonds DUI Lawyer
      • Everett DUI Attorney
      • Lynnwood DUI Lawyer
      • Marysville DUI Attorney
    • Pierce County
      • Tacoma DUI Attorney
      • Fife DUI Attorney
      • Puyallup DUI Lawyer
    • Kitsap County
    • Island County
    • Whatcom County
    • Federal District Court
  • Self Help Guide
  • DUI Laws
    • WA State DUI Laws
    • Refusing Breathalyzers
    • Marijuana/Drug DUI
    • Minor DUI
    • Boating DUI
    • Physical Control Laws
    • Ignition Interlock Laws
    • Deferred Prosecution
  • DUI Penalties
    • DUI Sentencing Grid
      • First Offense DUI
      • Second Offense DUI
      • Third Offense DUI
    • Jail
    • Work Release
    • Fines
    • License Suspension
    • Vehicle Forfeiture
    • Alcohol/Drug Treatment
    • Probation
    • Aggravating Sentencing Factors
    • Ignition Interlock
    • Traveling to Canada
    • Moving to Another State
    • Employment Consequences
    • Immigration Consequences
  • Other Criminal Traffic Offenses
    • Seattle Reckless Driving Attorney
    • Seattle Reckless Endangerment Attorney
    • Negligent Driving: First Degree
    • Driving on a Suspended License
    • Seattle Hit and Run Attorney
    • Seattle Vehicular Assault Attorney
    • Seattle Felony DUI Attorney
    • Vehicular Homicide
  • Deferred Prosecution for DUI in WA
    • Can You Defer Prosecution for a DUI in Washington?
  • Resources
    • BAC Calculator
    • Glossary
    • Industry Partners
    • Legal Resources
    • WA Court Info
    • WA DOL Info
  • FAQs
    • The DUI Stop and Arrest
    • DOL Questions
    • Hiring A DUI Lawyer
    • DUI Court Questions
    • DUI Penalties
    • Alcohol and Drug Treatment
    • Deferred Prosecution

Our Firm

Attorneys
Jurisdictions
Initial Office Consultations
Fees
Contact Us

Resources

Legal Resources
Washington Courts
Department of Licensing
Client Resources

FAQs

The DUI Stop and Arrest
DOL Questions
DUI Penalties
DUI Court Questions

Seattle DUI Attorneys and Lawyers Serving Washington State | P: 206-745-2371 | 1325 Fourth Avenue #170, Seattle, WA 98101
Use of this legal website constitutes acceptance of the Milios Defense Terms of Service. The material on this site is for informational purposes only regarding DUI legal issues, and is not a substitute for legal advice provided by an attorney or lawyer and does not establish an attorney-client relationship. © 2025 Milios Defense, LLP. We want to be your Seattle DUI Attorney. All rights reserved.