Washington DUI and DWI Legal Questions

The DUI with accident can be charged as VC23153(a) & (b). Generally in Los Angeles County this is charged as a misdemeanor when there is no injury. It carries essentially the same penalties as regular DUI. More importantly in your case is the fact that you blew a .08% BAC. This is a defensible case. You need to fight it and not accept a 'wet' reckless. These charges can be won at trial or should be dismissed. If you accept any plea, one of the conditions will be that you stipulate to liability for damages. The amount of damages will be ascertained at a hearing following your plea and you will be forced to pay the damages as part of your probation. You should avoid this result at all costs.... Read More

If convicted, and it is your first offense: Maximum penalty 1 year in jail and a $5,000.00 fine. Mandatory minimum penalties: 1 day in jail, roughly $1200 in fines, 90 day loss of license, interlock device on your car, drug/alcohol evaluation and follow recommended treatment, and other penalties imposed by judge. You will also have to have high risk insurance (expensive), and ordered to pay for the damages you caused.... Read More

If the court learns of her use of alcohol, they will likely consider it a violation of her probation. This type of violation does not usually re-suspend someone's license, but the judge could impose jail or other sanctions. Some courts do not base violations on positive IID readings, others do.... Read More

No such thing by that particular name in Washington. There are three procedural devices used in Washington courts that seem to fit the general idea you are talking about: (1) a deferred prosecution under RCW chapter 10.05 where a defendant states, under oath that he believes he/she is guilty of DUI, that he/she suffers from alcoholism (supported by an evaluation by a professional) and that if the alcoholism is not dealt with, he/she might commit the crime again. If the defendant successfully completes treatment and stays out of trouble for five years, the case is dismissed; (2) depending upon the jurisdiction, a device either called a "continue without finding" (CWOF), a "pretrial diversion agreement" (PDA) or a "stipulated order of continuance" (SOC), where the case is continued without disposition one or two years where if the defendant completes the treatment and stays out of trouble the case is dismissed or reduced to a lesser charge, and (3) a deferred sentence, where the defendant pleads guilty, and after one to five years, depending upon the agreement, the case would be vacated then dismissed if the defendant completes treatement and stays out of trouble.... Read More