Washington is currently experiencing an unfortunate trend as we’ve seen traffic fatalities rise to levels we haven’t seen in over 30 years in our state. These laws are a great challenge for the people of Washington, though, because the government has been adjusting impaired driving and DUI laws seemingly every year for some time now.
When you Google search “Washington DUI laws,” it’s likely you’ll find several articles from as far back as 2013 talking about changes to traffic laws in the state. It’s important to make sure you understand these latest changes and keep up with the evolving standards to protect your rights on Washington roadways.
Governor Jay Inslee recently signed House Bill 1493 (HB 1493) which is effective as of June 6, 2024. It’s important to understand what this new law says and how it impacts your rights.
Expanding the Lookback Period for Felony DUI Charges in Washington
In Washington, the severity of a DUI charge can escalate significantly based on the driver’s history. Historically, a DUI in Washington has been treated as a gross misdemeanor, which does not strip an individual of certain civil rights, such as possessing a firearm or holding public office. However, felony DUI charges in the state expand the impact on your rights, and HB 1493 is changing the lookback period that allows prosecutors to increase felony DUI charges.
Previously, the window to determine whether or not a DUI charge qualifies as a felony was 10 years. Now, HB 1493 expands the lookback period to 15 years – meaning if you have three or more DUI convictions in the past 15 years then the charge becomes a felony. This is something Senator Mike Padden proposed and successfully added to the final version of the bill.
Despite this tightening of laws, the Washington Legislature has also broadened sentencing alternatives. Now, under HB 1493, individuals facing their first felony DUI charge can access the Drug Offender Sentencing Alternative (DOSA), which may allow them to opt for treatment over imprisonment, reflecting a nuanced approach to dealing with DUI offenses.
Deferred Prosecutions for First and Second-Time DUI Offenders in Washington
House Bill 1493 also introduces amendments to how deferred prosecutions are determined for DUI offenders. Deferred prosecution has traditionally only been a “once in a lifetime” option for those facing a DUI, allowing them to undergo treatment for substance abuse or mental health issues which gave rise to the DUI instead facing the stiff mandatory minimum sentences, fines, and conditions of probation for a conviction. Although successful completion of the deferred prosecution treatment program, which takes 2 years, results in the dismissal of charges, the alternative upon failing to follow through with a deferred prosecution is conviction of the underlying DUI charge and stiff penalties. Under current laws you are only allowed such an opportunity once in a lifetime.
The new law expands this opportunity by allowing a second deferred prosecution for those who face a second DUI charge in Washington. This means that even if someone has already taken advantage of a deferred prosecution for aDUI, they can petition for another should they face a subsequent DUI charge. However, it is important to note that if an individual does not choose deferred prosecution for their first DUI and later faces another charge, they remain limited to a single deferred prosecution opportunity. This means you can’t skip deferred prosecution on a first DUI offense and then apply for it on both the second and third – you will only be able to request it on the second offense.
Defend Your Rights on Washington Roadways With NG Law
Understanding and adapting to changes in DUI laws can be a challenge. At NG Law, we are dedicated to ensuring you not only understand these changes but also have the necessary legal defense when you’re accused of wrongdoing on Washington roadways. When you’re facing a DUI charge in our state, NG Law should be your first call as our team will defend your rights to the fullest extent of the law.
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