Big changes may be coming to Washington State’s driving under the influence (DUI) law. This is due to House Bill 1493, which may alter the way people are punished for a first offense and how felony charges are treated. Regardless, if you are charged with driving under the influence, it may be best to hire a DUI lawyer in Western Washington State to help you avoid serious penalties.
At Puget Law Group (PLG), we stay up to date on Washington’s DUI law and other relevant regulations. Our team is available to discuss your driving under the influence case and go over your legal options with you. For more information, reach out to us.
What You Need to Know About House Bill 1493
On February 29, 2024, the Washington State Legislature approved House Bill 1493, according to the Cheney Free Press. The bill, designed to help stop driving under the influence of drugs and alcohol crimes, passed the Senate unanimously. On March 6, 2024, the bill was approved by the House of Representatives.
At this point, Gov. Jay Inslee must sign the bill before it goes into effect. If this happens, the new law may deter motorists from using drugs or alcohol and getting behind the wheel. If they do, they may face more severe penalties than ever before.
PLG is following House Bill 1493 closely. If you are facing a DUI charge and want best-in-class legal help, we may be able to assist. To learn more, contact us today.
For a free legal consultation , call 253-627-4696
DUI as a Felony
Generally, driving under the influence has been classified as a misdemeanor. In terms of the classification of crimes in Washington State, a misdemeanor comes with a maximum jail sentence of one year. A DUI may become a felony if someone has been convicted of this crime at least three times within the last 10 years.
If House Bill 1493 is fully approved, the “lookback” period for a DUI to become a felony will be extended to 15 years. This is significant since it makes it easy for a prosecutor to charge someone with a felony offense for a DUI. To understand why, consider an example.
A person may have been convicted of driving under the influence three times in the last 10 years. If this individual is charged with a DUI a fourth time 11 years after their most recent conviction, this offense may be treated as a misdemeanor. Conversely, if the new law is in place, they may face a felony charge, along with a jail sentence that lasts up to 10 years.
Felony DUI Conviction Sentencing Alternatives
Washington offers a drug-offender sentencing alternative that allows the court to offer someone the option to pursue treatment instead of going to prison. If House Bill 1493 is active, this alternative may be available to people convicted of a felony DUI. The option may be provided to those who are convicted of driving under the influence for the first time.
For example, an individual may be arrested for driving their car while intoxicated. This individual may have no prior criminal record. They may hire a lawyer who has helped past DUI clients achieve outstanding case results and, as such, may be eligible for the drug-offender sentencing alternative in lieu of jail time.
The sentencing alternative would apply exclusively to people who are convicted of driving under the influence for the first time. If someone was previously convicted of a DUI, they may be ineligible for this option. Alternatively, they may be able to work with an attorney who can help them explore other legal avenues to get their charge dismissed or reduced.
Deferred Prosecution for a First-Time DUI Offender
With a deferred prosecution program, an individual charged with a misdemeanor drug crime may be able to seek treatment instead of being sent to jail. A person may be able to join this program based on a first driving under the influence offense. If they complete the program, they may have the charge against them dropped.
To date, a person may be eligible for the deferred prosecution program once in their lifetime. If this individual completed the program but got charged with a DUI or other drug crimes at a later time, they may not be able to take advantage of it again. House Bill 1493 may change this by offering those charged with driving under the influence with a second chance to enroll in the program.
By expanding deferred prosecution to a second offense, those who are charged with a DUI may be able to capitalize on this program more than once. However, someone may be charged with driving under the influence for the first time and choose not to defer prosecution. If this individual is charged a second time, they may defer prosecution at this time.
What to Do if You Are Charged with Driving Under the Influence
If you are charged with driving under the influence, it is unlikely the offense will disappear on its own. The prosecutor in your case may try to gather a wealth of evidence to use against you and build a body of proof designed to compel the court to punish you to the fullest extent of the law. To combat your DUI charge, it may be helpful to partner with a Washington drug crimes lawyer.
Your attorney can explain how Washington’s DUI law and other state regulations apply to your case. They may work with you to collect evidence and craft a legal strategy to help you show the court you do not deserve to be punished. In addition, they may handle negotiations with the prosecutor and help you come to terms with a plea deal that allows you to avoid a long jail sentence.
When it comes to driving under the influence case, there is no need to leave anything to chance. At PLG, our team of nine former prosecutors may be able to help you build a strong legal defense. To schedule a free DUI case consultation, contact us today.
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