Olympia DUI Lawyer Blog

Those charged with a DUI typically ask if they can enter into a deferred prosecution to avoid having a DUI on their record. Deferred Prosecutions are technically a way to avoid DUI conviction, but they involve a lot of work and a steep time commitment. To enter a deferred prosecution, one is required to obtain a drug and alcohol evaluation in which the substance abuse counselor must determine he or she is an alcoholic. That person must then submit to two years of treatment, including weekly AA meetings, weekly group meetings with a counselor and individual treatment sessions. Prior to a judge allowing someone to enter into a deferred prosecution, the defendant must admit to the court that he or she has a substance abuse problem that resulted in the DUI charge. If the court grants the petition for a deferred prosecution, the defendant must attend two years of treatment, and must not obtain any new law violations for 5 years among other requirements. Upon successful completion of a deferred prosecution, the DUI is dismissed from one's record.

Though technically "dismissed" a successful deferred prosecution still counts as a prior DUI and impacts one's mandatory minimum sentence upon conviction of a DUI in the future. In Washington, a second DUI within 7 years carries a mandatory minimum sentence of 30 days in jail and 60 days on electric home monitoring or 45 days in jail followed by 90 days of electric home monitoring, depending upon blood alcohol content (BAC).

Continue reading "DUI: Why Enter a Deferred Prosecution?" »

Those convicted of DUI in any state could be required to install an ignition interlock device in any their vehicles if the pending highway bill supported by Mothers Against Drunk Drivers(MADD) passes. An ignition interlock device attaches to a vehicle, and requires drivers to blow into the device before starting the vehicle. If more than a predetermined amount of alcohol is detected on the driver's breath, the car will not start. Ignition interlock devices also require the driver to blow into the device at various times while driving to ensure that someone other than the driver does not blow into the machine in an attempt to bypass the driver's BAC level requirement. Blowing into an ignition interlock device for another is a crime in Washington State.

Though highway bills are not mandatory on the states, if a state chooses not to adopt the bill it will not receive highway funding from the federal government. Highway bills and the money that comes attached to adopting them resulted in every state adopting the national drinking age of 21 and the blood alcohol content (BAC) limit of .08.

In Washington State, those convicted of DUI are currently already required to apply for an ignition interlock device license with the department of licensing. Those charged with DUI who are pending trial may choose to get an ignition interlock device license during their administrative license suspension period, which often occurs prior to resolution of the criminal case.

The law in Washington requiring those convicted of DUI to apply for an ignition interlock license applies to first time offenders, regardless of BAC level and lack of criminal history. In Washington, one can be convicted of DUI even if they have a BAC below the legal limit of .08. The government need only prove that someone drove a motor vehicle while "under the influence" of alcohol, which Washington law defines as affecting one's ability to drive by "any appreciable degree." Thus, prosecutors charge DUIs in cases where a person's BAC is below the legal limit, rendering the numerous "don't drink and drive, .08 legal limit" signs misleading and devastating for those who consume a small amount of alcohol and get into an accident on the way home from a restaurant. DUI in Washington State carries a mandatory minimum of at least 1 day in jail and a fine of at least $866 dollars, among numerous other mandatory requirements.