Nathan L Webb’s Answers

Nathan L Webb

Seattle DUI / DWI Attorney.

Contributor Level 9
  1. Is conviction for DUI a felony or misdemeanor?

    Answered almost 7 years ago.

    1. Nathan L Webb
    2. Gregory L Fullington
    3. Brian Michael Sullivan
    4. Sharon Elizabeth Chirichillo
    5. Jason Matthew Mayberry
    5 lawyer answers

    With the circumstances you have explained, your DUI conviction from 10 years ago is not the felony on your record. Recently (July 2007) the legislature promulgated a statute making a fifth DUI conviction within 10 years a felony. The prior DUI conviction you had was a gross misdemeanor under the statute and the maximum penalty on that charge is 365 days and a $5000 fine. DUI convictions do vary by circumstance state-to-state in whether they're considered a felony or a misdemeanor.

    3 lawyers agreed with this answer

    5 people marked this answer as helpful

  2. Is it too late to get a lawyer?

    Answered 1 day ago.

    1. Scott Weymouth Lawrence
    2. Anthony Paul Delluniversita
    3. Jacob Brian Smith
    4. Jonathan J Lewis
    5. Ryan Hogaboam
    6. ···
    10 lawyer answers

    It's certainly not too late. Many times lawyers are retained the week of a first hearing (arraignment). It's advisable you have an attorney at that first hearing to ensure no conditions out of the ordinary are placed upon you. Keep in mind that from the date of arrest you only have 20 days to request an administrative hearing to challenge the suspension of your license (that telephonic hearing is separate for your upcoming court date). Feel free to contact me to discuss any of your questions.

    4 lawyers agreed with this answer

  3. DUI in a different state

    Answered almost 7 years ago.

    1. Nathan L Webb
    2. Okorie Okorocha
    3. Alec Scott Rose
    3 lawyer answers

    California and Texas share what is known as an interstate compact. In essence, it is an agreement between the two states to share criminal conviction data. Therefore, your new charge in California will be counted as a second offense. However the penalties for the second offense will be determined by (1) the disposition of your new charge (i.e. guilty, amended charge, etc) and (2) California’s legislatively imposed mandatory penalties for subsequent offenses. For example, in Washington State,...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. On deffered prosecution can i get my interlock device removed

    Answered over 1 year ago.

    1. Jonathan David Rands
    2. Nathan L Webb
    3. Patrick Owen Earl
    3 lawyer answers

    Good for you for complying with the IID requirements and having no positives, I hope your program/treatment is going well. I always tell my clients, it doesn't hurt to ask DOL and the court, all they can say is no, but in this instance I agree fully with the previous couple of answers. The DOL is the agency that controls the imposition of the IID and the length it is required. You can ask, but the chances of having it removed are slim to none.

    3 lawyers agreed with this answer

  5. DUI and jail and losing license

    Answered almost 7 years ago.

    1. Sharon Elizabeth Chirichillo
    2. Nathan L Webb
    2 lawyer answers

    Contrary to public opinion or belief, it is not against the law to legally drink and subsequently drive in Washington State. However, it is against the law to drink and drive and to either (1) have an alcohol concentration of .08 or more (as shown by analysis of the person’s breath or blood) within two hours of driving, or (2) to operate a motor vehicle while under the influence of or affected by intoxicating liquor or any drug. This means that you can consume alcoholic beverages and drive so...

    2 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. DUI offense when minor and now

    Answered almost 7 years ago.

    1. Nathan L Webb
    2. Travis S Jones
    3. Jonathan Dichter
    4. William C. Head
    4 lawyer answers

    Juvenile court has jurisdiction over cases where defendants under the age of 16 are charged with DUI, so your case was most assuredly heard in the Municipal or District Court since you were 17. You could have been charged with Minor DUI on the original charge and that would not be considered a prior offense for sentencing purposes regarding a new offense within a seven year period, but since you had a license suspension (not applicable on a Minor DUI) you were charged with DUI as an adult...

    3 lawyers agreed with this answer

  7. DUI on H1B - Re-entry Query

    Answered over 5 years ago.

    1. Nathan L Webb
    2. Stephen D. Eckdish
    2 lawyer answers

    The US does not deny entry to persons due to DUI convictions alone, in the instance you are citing, I believe you would be able to leave and return to the US without any immigration issue. That being said, you would need to consult an attorney in your home country to identify any issues related to entry there. The deferred sentence will result in a dismissal of the charge (as far as the court is concerned) 12 months from the date sentence was imposed; however, be very aware that WSP and...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can I visit Canada with a Washington State DUI conviction?

    Answered over 5 years ago.

    1. Nathan L Webb
    2. Thuong-Tri Nguyen
    3. Sean Bennet Malcolm
    4. Douglas Blake Chanco
    5 lawyer answers

    The short answer is No! The Canadian Consulate has deemed DUI a crime of moral turpitude and will deny entry to anyone convicted of a DUI in Washington State, or any other state for that matter. There are opportunities to apply for a temporary visa or work permit, but the processing time is lengthy and requirements for admissibility very strict. The normal process for reentry into Canada is to go through what is called Criminal Rehabilitation and this process can take up to ten years. After...

    5 people marked this answer as helpful

  9. 2nd DUI consequences

    Answered almost 7 years ago.

    1. Craig Andrew Cahoon
    2. Nathan L Webb
    3. Robert Frank Schnatmeier Jr.
    4. William C. Head
    4 lawyer answers

    DUI convictions in Washington State carry mandatory minimum penalties. Subsequent offenses within a seven year period carry minimum penalties if there is a conviction on the subsequent offense. A DUI charge is one that has yet to be adjudicated and the consequences are yet to be determined. The penalties for a second offense are dependent upon the outcome (e.g., plea bargain, guilty plea, dismissal or acquittal) of the initial pending charge. For example, if you had a DUI conviction earlier...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. DUI and insurance

    Answered almost 7 years ago.

    1. Sharon Elizabeth Chirichillo
    2. Nathan L Webb
    3. Nicholas Martino
    4. Jonathan Burton Blecher
    5. William C. Head
    5 lawyer answers

    Although I am not an insurance agent, I do know that insurance companies will raise rates for persons convicted of DUI. The amount would depend upon your prior driving record and whether you have previous convictions. A DUI conviction will also result in the need for the driver to obtain “high-risk” (i.e. SR-22) insurance in addition to their regular liability and/or comprehensive coverage. The driver will be required to carry the high-risk insurance for a period of at least three years....

    2 lawyers agreed with this answer

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