Yes. Most of the time – if you meet specific condition s. (i.e. no new criminal convictions among others) You can still vacate a Reckless or Negligent Driving conviction reduced from DUI. However, because of recent changes to the law the eligibility date is not as clear anymore. Because of these uncertainties – you should consult an experienced DUI attorney about the process and should not try to do it yourself. Either you can make the Motion 3 years from the date of the close of probation on your case (probation normally 1-2 years) or 10 years from the date of your original DUI arrest. What the Court will do depends on whether the prosecutor is arguing the 10 year interepretation applies and what the specific Judge is doing.

Yes. It does not happen very often, but occasionally a Judge will reject an alcohol/drug evaluation and force you to get a new one. It really depends on the defendant’s history or the specific facts of the case. Often , they simply did not trust a certain treatment agency and/or evaluator or whatnot. Sometimes, there are other reasons.

Probably not. Usually, I would recommend against entering a deferred prosecution on a first offense DUI. In Washington State you get one opportunity to do a deferred prosecution in your lifetime. However, there are exceptions , many clients have little choice because of personal, career or employment considerations. I have had doctors, lawyers, executives, police officers and other professionals enter into a deferred prosecution on a first offense, especially when a DUI conviction was not an acceptable option. Often, with these clients, a reduction even to reckless or negligent driving first degree is still an unsatisfactory resolution. I also do not like a deferred prosecution because like a DUI conviction it has a five year probationary period – whereas reckless and negligent driving the maximum probationary time period is two years. Obviously, you must still meet the eligibility requirements of a deferred prosecution. That said, every person’s situation is unique and you should consult with a DUI attorney to find the best option for you.

No. It will be suspended automatically in 60 days u nless you request a Washington State Department of Licensing (DOL) within 20 calender days of your DUI arrest. You should (or will) have received a letter from the DOL titled ‘Notice of Suspension’. You can ignore that date only if you properly request a DOL Hearing. Request DOL Hearing Form and Instructions Request DOL Hearing online

Up to five years. Most Washington State Judges will impose the “full” five years (60 months), although occasionally I have seen Judges on 1st offense DUI’s impose only 2-3 years. However, this is the exception and not the norm.

A speedy trial waiver is usually required to get a continuance (postponement) of the Court hearing to another date. This is a very routine procedure.

Put simply, in Washington State you have to be brought to Trial within 90 days of arraignment or first appearance. This time-frame is shortened to 60 days if you are in Jail. In most DUI or Physical Control cases you will waive speedy trial several times. (you will execute a speedy trial waiver at Court) Typically, this means the 90 or 60 days begins to run anew . Usually, it is in your interest to have more time for your DUI attorney to interview witnesses, investigate and prepare your case as well as try to resolve it. (there are also exceptions to the speedy trial rule that can also extend the time for trial)

SR-22 (high risk) Insurance is required for three (3) years on a DUI, Physical Control or Reckless Driving conviction. It is also required for three (3) years on the Administrative suspension. (if your license is suspended or revoked on the administrative side)

Yes. In Washington State you can be stopped just for using your cell phone hand held. (which means holding up against your ear) Sometimes these stops will lead to more serious charges such as DUI’s. Using your cell phone “hands-free” is currently not prohibited.

Probably not. Unless it is a refusal case I do not normally have my client testify at the Department of Licensing (DOL) administrative hearing. Usually, the client’s testimony will not make any difference.

A Review/Revocation or Show Cause Hearing (courts vary in what they call hearing) is set when you do not comply with the terms of your probation. (a probation violation) For example, you were ordered to get an alcohol/drug evaluation and follow the treatment recommendation; you complete the evaluation but drop out of treatment; you do not complete the DUI Victims Panel; you do not do your work crew etc. The Court will order a Show Cause or Review/Revocation Hearing for you to explain what happened. You can deny violation present evidence and argument that you are in compliance.

You can admit with explanation . If you admit or are found by the Court to have committed the violation (after denying it) the Court may impose Sanctions. The Sanctions may include revoking any Jail or Fines that were suspended. (For example, the Court revokes 2 days jail and $200 of the fines and orders you to get back into treatment.) The Court will also in most cases order you back to Probation if you were on active probation. (see this blog for difference) It is a good idea to have an attorney at the hearing – expecially if you are in violaiton.