Getting a second DUI in the state of Washington is serious business. If it happens within seven years of your first offense, expect to receive a mandatory minimum jail sentence of 30–45 days based on your intoxication level at the time of arrest. This is just the beginning.
Penalties for a second DUI offense within a seven-year period in Washington can include jail time, house arrest, fines, license suspension, ignition interlock device use, and alcohol treatment. These punishments are appropriate for the crime of driving while under the influence of drugs or alcohol.
Recently, however, the state has taken an even more severe stance against drunk and impaired driving in relation to firearm regulations. As of July 2023, if you’re convicted of a second DUI within seven years of the first, you could lose your right to own a gun—forever.
If you have no interest in owning a firearm, this may not seem like a major concern. For others, it infringes on a constitutional freedom that’s not about DUI offenses.
Let’s take a look at the implications a second DUI could have on your right to bear arms and what your options are.
WA Gun and DUI Laws
Our state is notorious for having some of the harshest DUI penalties and firearm restrictions in the country—and the laws get more strict each year.
In 2023, Washington legislation passed House Bill (HB) 1562, which creates new parameters, based on criminal history, for possession and ownership of a firearm. This bill states that individuals convicted of two DUI offenses within seven years permanently forfeit their gun ownership rights.
Even if a case is pleaded down to a lesser charge via pre-trial diversion or stipulated order of continuance, it will still be regarded as a prior offense on your DUI record if there are multiple offenses.
HB 1562 affects all gun owners, military, police, hunters, and anyone who uses guns.
You may be shocked to learn that if you stay in a residence with guns on the property, you could still be charged with illegally having a firearm in your possession. To clarify, this means that if you’re convicted of a second DUI, you can’t even live with someone who possesses guns.
Even if you presently have no interest in owning a firearm, the law will still affect you if you change your mind in the future.
“Low Blow” DUIs
Getting a DUI doesn’t always depend on going over the limit. Sometimes, even with a breathalyzer reading as low as .04, the state can still prosecute you based on the officer’s report and things like how you were driving. This is known as the “per se” law, where even if your BAC is below the legal limit, you can still be charged and convicted of a DUI if there is evidence of impaired driving.
Additionally, Washington has a zero-tolerance policy for underage drivers (under 21 years old) who are caught driving with any amount of alcohol in their system. This means that even a small trace of alcohol can result in a DUI charge for an underage driver.
Establishing DUI History
Your DUI history is determined based on the initial charge, not the case resolution—unless the charge is completely dismissed. Even if a DUI offense is resolved as Negligent Driving in the First Degree, it still counts as a prior offense because of its original DUI charge.
Washington DUI law considers all resolutions short of complete dismissal, including diversion agreements and deferred dispositions, even for offenses committed as a minor. This applies regardless of whether prior convictions or deferred resolutions occurred out of state.
Your complete criminal history, including out-of-state records and ongoing investigations without formal charges, must be disclosed to your defense attorney. Concealing such information can lead to severe consequences if discovered later by the prosecutor, especially if your attorney was unaware of out-of-state convictions or pending cases during resolution in Washington.
How Your Lawyer Can Help
HB 1562 is strict. Right now, there aren’t any significant loopholes. The tricky part is that the gun rights restriction is connected to when the crime is first charged, not when it’s resolved. Even if a DUI charge gets dropped through a deal, being charged with DUI initially still means the law applies to you.
One way the defense could try (but it’s very unlikely the prosecutor would agree) is to push for the original charge to be dropped so the case can start fresh with a different offense that isn’t DUI or Physical Control, like Negligent Driving in the First Degree.
If the case isn’t started as a DUI (because it’s dropped and restarted with a new case number), the Negligent Driving charge can’t be counted as one of the DUIs under the law. But remember, this plan probably won’t work, and prosecutors will likely turn it down in most cases.
Protecting Yourself
How can you protect yourself from a DUI charge? The most obvious answer is to never drive under the influence of drugs or alcohol.
People who use cannabis daily usually have more than 5 ng/mL of THC in their blood, which puts them over the legal limit even hours after their last use. If you use marijuana often, don’t drive unless you know your THC levels.
When you do choose to drink, make sure you have a designated driver or use a ride-sharing service like Uber™ or Lyft™. How much and how long alcohol affects you depends on your weight, gender, and how much food you have consumed.
If you are pulled over for suspicion of driving under the influence, make sure you know your rights. You do not have to consent to a field sobriety test or a breathalyzer test—unless you are under 21 and have been driving.
You also have the right to remain silent and request to speak with a lawyer before answering any questions. In some cases, it may be necessary to hire a DUI defense attorney if you are facing charges. They can help navigate the legal process, gather evidence to support your case, and advocate for your rights in court.
Make sure to share your entire criminal history with your lawyer, even if you haven’t been formally charged. All past, present, and pending cases are relevant. The more they know, the better your defense attorney can help.
Always seek help for any underlying issues with drugs or alcohol that may have contributed to the DUI charge.
To Sum Up
A second DUI in Washington is not something to be taken lightly. It can have major consequences not only on your personal life but also on your constitutional rights.
The passing of HB 1562 has raised the stakes for those convicted of multiple DUI offenses as they now face the possibility of permanently losing their right to bear arms. This harsh penalty serves as a reminder that the state takes firearm regulations very seriously.
There are legal options and resources available to help you navigate these challenges.
Whether it’s seeking rehabilitation or fighting for your rights in court, always make informed decisions and seek guidance from experienced professionals to help take control of your situation.
