WASHINGTON STATE DUI BLOG

Can I go to Canada with a Deferred Prosecution?

Probably. Under current policies, it appears you should be okay with a DUI Deferred Prosecution. This is assuming no other criminal history whatsoever. Remember, if you have any questions you should contact a Canadian immigration attorney. Remember, entry into another country is always discretionary. (you have no right to visit)

Are we headed for a .05 Breath Test Limit in Washington?

Possibly. The National Transportation Safety Board (NTSB) is recommending that the national per se limit of .08 be lowered to .05 in all 50 states. 

"Today, investigators cited research that showed that although impairment begins with the first drink, by 0.05 BAC, most drivers experience a decline in both cognitive and visual functions, which significantly increases the risk of a serious crash. Currently, over 100 countries on six continents have BAC limits set at 0.05 or lower. The NTSB has asked all 50 states to do the same." See complete article:  NTSB May 14, 2013.

Related articles

Feds want states to lower DUI standard to .05

Board pushes to lower legal limit to fight drunk driving

NTSB recommends states lower BAC rate to .05

NTSB pushes lower limit for drunken driving

US Regulators Want To Lower The Driving Blood Alcohol Limit

Can I get around the one (1) deferred prosecution limit on DUI's?

Probably not. The deferred prosecution statue RCW 10.05 restricts "Title 46" offenses (DUI's and Physical Control convictions) to one (1) Deferred Prosecution in your lifetime. One possible way around this may be to have the prosecutor agree to amend to a non-Title 46 offense (i.e. Reckless Endangerment {RCW 9A.36.050} or some similar offense) In today's political climate, I just do not think a prosecutor would agree to this - no matter how sympathetic the situation or the client. But it never hurts to ask I guess.

Can I convert my EHM to Jail?

Yes. Current law now allows you to convert EHM or EHD (electronic home monitoring or electronic home detention - aka house arrest) to jail time. With EHM costs upwards of $30.00-$40.00 a day in some counties, it is simply cheaper and less hassel to do the jail time. The conversion rate is 15:1. 1 day jail for every 15 days of EHM. On second and subsequent DUI convictions there is substantial EHM time that can taken care of with alittle additional jail time - which you are doing anyhow. (i.e. 90 days EHM is 6 days jail - which can be 4 days with 1/3 good time off) EHM does not offer good time off. If the Court approves it, I believe it is a excellent option for alot of people. (cavaeat: this is the minimum jail time for the conversion - some Courts or judges may impose more)

Is Community Service in lieu of Jail an option?

Yes, but most typically on reductions to Reckless Driving, Reckless Endangerment and Negligent Driving 1st Degree. DUI and Physical Control convictions have mandatory Jail minimums depending on the number of prior offenses within 7 years. Community Service is typically an option on first offense reductions. (i.e. 10 - 40 hours) Obviously, this also depends on the Court you are in and the County. (every County and Court has different practices)

What if I cannot pay my Fines and Court Costs for my DUI?

Most Courts in Washington State provide for payment plans for outstanding DUI fines and Court Costs through an outside agency. You usually have 30 days to set-up an account. (although some judges will give you longer) Payments are approximately $25.00-$75.00 a month depending on the outstanding balance amount. Some Judges will give you the option of some community service in lieu of some of the fines/court costs. Occasonally, Judges will also reduce the discretionary amounts (i.e. compliance/probation fees etc.) if you file a declaration of indigency.

How many Court Hearings can I expect in my King County DUI case?

Obviously, it depends alot on the difficulty of your case. (i.e. high breath test, accident, prior DUI's) However, even the simplest case has 3-4 pretrial hearings. Typically, we usually continue them for further investigation (i.e. interview witnesses, officers, visit scene, obtain videos, records etc. ) and/or negotiations with the prosecutor. My average DUI case in King County District Court probably has 5-7 hearings without trial. The objective being getting the best result for the client with the facts that we have. Sometimes, (but not always) you may obtain a better plea deal or resolution the longer the matter goes on. (especially, in today's political climate)

Punched License - can I still drive?

Yes, for now. In Washington State your driver's license is still valid for sixty (60) days from the date of your DUI or Physical Control arrest. Moreover, alot of establishments do not consider a "punched" license to be a valid ID. The officer or trooper should have given you a Washington State Department of Licensing (DOL) hearing request. If you follow the instructions exactly and timely request a DOL hearing within twenty (20) days of your DUI arrest - your temporary license is extended for 150 days or until the Washington State Department of Licensing Hearing Officer issues a decision. ($375.00 plus the hearing request form) A DOL hearing request form can also be obtained on the Department of Licensing website. Request Hearing Form

Can I do another deferred prosecution for mental health - if I already completed one for alcohol?

No. You can only do one (1) deferred prosecution for a DUI or Physical Control (Title 46) offense in your lifetime in Washington State. If you entered into a DUI deferred prosecution 15 years ago for alcoholism - you cannot now do one for mental health or vice-versa. 

Will a DUI conviction get me deported?

No. The US Supreme Court has ruled that you cannot be deported for a DUI conviction. However, any criminal conviction can cause problems if you are applying for US citizenship or change of status. Also, reductions such as Reckless Driving may be problematic whereas a DUI would not. You or your DUI attorney should always consult with immigration counsel before entering any plea. 

How long does the prosecutor have to file charges on Boating Under Influence charges in Washington State?

The State of Washington or Municipal Prosecutor has one (1) year from the date of the incident to file charges. Boating Under the Influence (BUI) is a misdemeanor with a maximum ninety (90) days jail and one thousand ($1000) in fines. This is the Criminal matter and does not address possilble Coast Guard Civil sanctions associated with your BUI arrest.  

Should I talk to police when stopped for DUI?

No. When stopped for DUI and asked questions by law enforcement - do not volunteer information or answer any questions that may incriminate yourself. (this is the investigatory phase - pre-arrest) Be very polite, respectful, otherwise cooperative, request an attorney (entitled to once arrested) and decline to answer any questions. Many people - through no fault of their own - make the mistake or false assumption that answering questions among other things, whether they have been drinking (i.e. "Yes, 3 micro brews") will make the officer go easier on them. In fact, everything you say that is helpful to the prosecutor's case will show up in the police report and be used against you in supporting the DUI charge. Just remember your own very words are building a DUI case against yourself. 

Is there mandatory minimum's for BUI?

No. Unlike DUI convictions - there is no mandatory minimum sentence for Boating Under the Influence (BUI). BUI is currently a misdemeanor in Washington State. Therefore, the maximum penalties in Washington State are 90 days in jail and $1000 in fines. 

New re-licensing program in Seattle Municipal Court.

Seattle Municipal Court announced on April 23, 2013 that it had started a new re-licensing program.This program primarily helps those drivers and/or defendant's whose license were suspended because of unpaid traffic tickets. Driver's charged with Driving without a Valid License in the Third Degree (DWLS/3) and No Valid Operators License (NVOL) Unfornuately, it does not help you with DUI related suspensions.

See link. Seattle Municipal Re-licensing program:  "Participants will be given two options: Pay off the tickets on a schedule or do community service, if eligible. It will not be mandatory that participants regain their driver’s licenses; it is encouraged, but optional. There are specified time frames, and participants will be monitored for compliance while on the program. Those who are currently charged with DWLS/3 or NVOL may be able to have the charge dismissed by the Court if they obey all of the conditions".

Will I have to complete treatment if my deferred prosecution is revoked?

Yes, in most cases. Most judges will still require you to complete the 2-year deferred prosecution alcohol/drug treatment program. However, this is not set in stone. If it is an old case (i.e. 4 years into the DP) or you never started treatment - the judge may require a new alcohol/drug evaluation and follow that recommendation.