Nathan L Webb's Answers

Is DUI conviction a felony or misdemeanor

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 explained was a gross misdemeanor under the statute and the maximum penalty on that charge is 365 days and a $5000 fine.

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Can I visit Canada with a Washington State DUI conviction?

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...

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DUI in a different state

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,...

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DUI and jail and losing license

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...

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DUI offense when minor and now

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...

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What is the SOL for a DUI if the person skips bail and goes to another state?

If the person skips bail, then there is no statute of limitations on the case. The failure to appear prevents any statute of limitation defense. In Washington, a misdemeanor offense for DUI must be filed in two years from the date of arrest. The court is NOT going to forgive him for running away and may penalize him further. Your friend needs to face the music and have counsel present with him at all hearings. Good luck!

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DUI on H1B - Re-entry Query

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...

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DUI Citation/Summons time period Washington State

This most certainly does not mean she will not be charged with DUI, in fact, there is a great chance she eventually will be charged. Criminally, the State or City has up to two years from the date of violation to file the charges, thereby triggering a summons and complaint. However, the department of licensing will suspend the individual's license (in this instance for one year) 60 days from the date of the arrest. If a hearing is requested within the alloted time from arrest (20 days as...

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2nd DUI consequences

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...

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DUI and insurance

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....

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