YOUR COMMUNITY RESOURCE: WASHINGTON STATE DUI AND CRIMINAL TRAFFIC BLOG - BY SEATTLE DUI LAWYER W. JAMES KOTLOWSKI

What's the maximum penalty for a DUI conviction?

In Washington State, the maximum penalty for a DUI or Physical Control conviction (non-felony) is 1 year in Jail and a $5000 fine. Of course, there are many other ramifications (licensing, interlock, insurance etc.) from a DUI conviction. 

What's too many cases for a Public Defender?

See today's story in The Seattle Times about a class action lawsuit filed in Skagit County claiming there are not enough public defenders to provide adequate representation.  Public Defender Lawsuit. (most public defenders are excellent attorneys, but some, but not all simply have too many cases)

This is the big advantage private attorneys have - they have the time to meet with you often, work your case and get you the best possible result. 

Can I vacate or expunge a DUI in Washington State?

No.  Unfortunately, in Washington State a DUI or Physical Control conviction stays permanently on your record.

Can I vacate a Reckless or Negligent Driving 1st Degree (reduced from DUI)?

Probably. However, it is in the Court's discretion on whether or not to grant your Motion to Vacate. The following must at least be present: 

• You have a Reckless or Negligent Driving 1st Degree reduced from a DUI or Physical Control;
• 3 years have passed since you successfully completed probation (case closed); 
• You have no new charges pending and/or convictions. 

Keep in mind any new arrests (even if dismissed) and/or previous convictions/criminal history might also affect whether the Court grants your motion. 

Alot of my cases over the years are professionals and others with no prior criminal record whatsoever who would like the opportunity to clear their records whether for employment or personal reasons. If you are successful, you will be able to say "you were never convicted of a crime".   

Strong Washington State Patrol presence this weekend on I-5 Corridor

Having traveled to Portland for the weekend down the I-5 corridor, I have noticed "lots of people" being pulled over or stopped by the Washington State Patrol. It must be the summer vacation season! So have fun, be careful and do not drink and drive. Remember, you don't have to be over .08 to be charged with a DUI or Physical Control in Washington State.

How long does the State or City Prosecutor have to file a DUI case?

You were arrested for DUI or Physical Control, but no charges were filed. This is a very common occurrence for State cases (State Patrol, Sheriff), especially in King County.  

The State of Washington has 2 years to file charges from the date of the incident on a DUI or Physical Control arrest.