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According to Washington State law if it’s your second DUI within seven years those mandatory penalties increase. If your breath test was between that .08 and .15, you’re going to jump up to a 30-day mandatory minimum jail sentence. If it’s above .15 or a refusal you’re looking at a mandatory 45 days. And one caveat I will put on that is the state can charge you with DUI even if your breath test Is below that .08, they just have to prove it in a different way. So you still qualify under that first prong if you get a lower breath test.
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Seattle, WA criminal defense lawyer Lucas D. McWethy explains is what ways second DUIs are more difficult to defend.