Skip to main content
Timothy Charles Milios
Avvo
Pro

Timothy Milios’s Answers

42 total

  • How long do I have for statute of limitations when i have been charged with dui and left state

    I was charged with dui and then moved to alaska. will this ever just go away and how long will that be?

    Timothy’s Answer

    The answer to your question depends upon whether or not charges have been filed yet. In Washington, the Statute of Limitations on filing a DUI is two years. Whether you have left the jurisdiction or not, the state must at least file the charge within that two year period. If charges have been filed, then presumably a warrant has been issued for your failure to appear at arraignment. It is unlikely that this warrant will ever just go away.

    Washington will not convict you "in absentia". What will happen is that your ability to renew your driver's license in any state will be compromised until the warrant is taken care of and you appear in Washington to face the DUI charge. At this time it is unlikely that you would be arrested on this warrant outside of Washington, but certainly if you returned to the state, you would be risking arrest.

    See question 
  • I have been arrest for a DUI in Washington State and I have 3 in Florida.

    I got a DUI in Washington last week. I have been arrested 3 times in Florida for DUI but was found not guily in 1 case. Will they count the one I was found not guilty in as a DUI? Will this be my 3 or 4 DUI? Am I looking at jail time or do you thi...

    Timothy’s Answer

    Assuming that the court/prosecutor knows about your Florida history, this new offense would likely be treated as a second offense within seven years for purposes of sentencing if you were to be convicted. The only cases, however, would most certainly be looked at as an aggravating factor. I have included some links below so that should help answer your question. With that being said, you really do need to speak with a DUI attorney as soon as possible. There are many considerations that you need to prepare for beyond the potential consequances if convicted.

    The most immediate concern is how you will be treated at your first court appearance. If the court is aware of your history it may impose a high bail for your continued release, place you on home detention, make you wear an alcohol sensing bracelet, have you put an ignition interlock device in your car and more. A lot of this depends on where you were arrested and in which court this will be filed.

    By all means continue doing your research online, but contact a DUI attorney before you go to court.

    See question 
  • What are the punishments for getting a DUI?

    this is my first DUI will i go to jail?

    Timothy’s Answer

    Review the following links to get an idea of what penalties you could be facing for a first offense DUI conviction. Then contact a DUI attorney for a consultation to discuss the specific facts of your case. In the great majority of cases, a DUI conviction can be avoided on first offenses.

    See question 
  • Do I need a lawer

    I got a dui in washington state about 7 or 8 years ago. I was booked and released the same night. I never went to court because I moved out of state does this sound like I could get statue of limitations on this dui?

    Timothy’s Answer

    Whether or not the statute of limitations has expired depends on whether the state has filed charges. If the state has not yet filed charges, Washington's two (2) year statute of limitations would bar the filing of the DUI charge. If charges were filed within the two year period, then presumably a warrant was issued once you moved out of state and failed to appear. That failure to appear and the issuance of the warrant likley will toll the statute of limitations, giving the state additional time to file once you avail yourself of the jurisdiction.

    Whether or not you need an attorney depends upon your intentions. If you plan on returning to Washington or are back in the state and wish to fight these charges, you will very likely need an attorney. The age of the case certainly will affect the State's ability to convict you, but it doesn't mean it won't try. Prosecutors in this state will file and pursue DUI cases that are much older than 7-8 years. Other factors the state will consider are your DUI and criminal history before and since that offense as well as the level of your breath test and facts particular to that case.

    Review the iinks below for more information.

    See question 
  • How long does a bench warrant stay active for in Washington State? How does it work does it go away after a long time or not?

    My boyfriend had an old dui he was doing the diversion I believe instead of whatever and missed his court so I was curious how long a bench warrant stays active for? or what would happen in this case? Your help/advice is greatly appreaciated

    Timothy’s Answer

    Warrants in Washington State are written with an expiration date. As a general rule, the expiration is seven (7) years from issuance but the issuing judge could set an earlier date of expiration. Upon expiration, it would be up to the prosecutor to request that the warrant be re-issued or for the court to do so on its own motion. For DUIs, bench warrants are almost always re-issued upon expiration meaning that the odds of your boyfriend's warrant ever "going away" are very very small.

    Also in Washington, on a DUI warrant the DOL will be notified and your boyfriend's driver's license will be suspended until the warrant is addressed and taken out of the system.

    See question 
  • Do I have any chance of keeping my license?

    I got pulled over and blew a .023. The officer took me in thinking I was on drugs. Another officer did tests and concluded he thought I habitually smoke pot. They then took me to the hospital and had my blood drawn. No drugs showed up in my sample...

    Timothy’s Answer

    You certainly have a chance of of prevailing at your DOL hearing but in all likelihood you'll need an attorney to assist you. There are a number of issues based on your brief recitation of the what occurred. Whether the arrest was proper after a .023 PBT is one. Was the stop lawful is another. Certainly the timing of the blood draw in relation to the stop is something that needs to be investigated. But to fully have your case analyzed you'll need to sit down with an attorney so he or she can review the entire police report. If the DOL has already scheduled your hearing and you don't have counsel, the report should have been provided to you by now.

    If you are planning on proceeding pro se, you'll need to focus on the four issues that are the subject of the DOL's ruling. Were you under lawful arrest? Were there reasonable grounds to believe that you had been driving under the influence at the time you were arrested? Had you been provided with your implied consent warnings? Was there a valid BAC of over .08? But proceeding pro se in this arena is very difficult and rarely successful.

    See question 
  • How long does Washington State have to file charges for a DUI if there was no arrest or citation given the day of the accident

    Thank you Mr. Milios for your informed answer. I just want to make sure I understand WA laws. So even though my niece was not given a citation (ticket) or arrested the night of her accident she can still be charged with a DUI within two years of t...

    Timothy’s Answer

    I'd like to add one thing to Mr. Jolly's statement in answer to your question. The blood test you spoke of in your initial question was for the benefit of the doctor. That is how the hospital staff knew the results were over the legal limit. We are assuming, and it is a fair assumption, that the officer had a different sample drawn to be analyzed by the Washington State Patrol. If that sample comes back near or over the legal limit charges will be filed. And if the hospital draw came back with a high reading, it's a good bet the police draw will as well. It is of course possible that the officer did not have a sample drawn. Does your niece remember be asked permission by the officer to take a blood sample?

    It is common in many if not most jurisdictions for DUI charges to be filed by a prosecutor upon receipt of the police report. In these jurisdictions, citations are not provided on the night of arrest. Instead, a summons is mailed out after the charge is filed. And yes, the state does have two years from the date of incident to file, regardless of the existence of a citation.

    I guess that was adding more than one thing.

    See question 
  • How long does Washington State have to file charges for a DUI

    My niece was in a car accident and was taken to the hospital by the police because she refused to go by ambulance. The police were gone before any family arrived at the hospital and no police names or paperwork was left other than a piece of paper...

    Timothy’s Answer

    A DUI in the state of Washington is a gross misdemeanor. The statute of limitations for the filing of a gross misdemeanor is two years from the date of incident. This means that the state can file a DUI charge against your niece anytime in the next two years. The wait likely will not be that long. Assuming that the officer had a blood sample taken from your niece for evidentiary purposes, the charge will likely be filed within two (2) to (6) weeks from the time the results are sent back to him. There are several things your niece can be doing proactively to assist in her defense even before charges are filed. She should contact a DUI attorney as soon as possible to discuss her situation.

    See question 
  • Is there any way i can stay out of jail?

    My boyfriend recently stole some of his mother's jewelery out of her house( roughly $1000 worth). He then asked me to pawn it for him, so I took it to the shop and pawned it. She found all the tickets from the pawn shop and is threatening to press...

    Timothy’s Answer

    Based on those brief facts possession and trafficking of stolen goods are potential charges you could face if the mother went forward with her threat. Based on the amounts in question they could be filed as felonies in Washington. You would be wise to consult with a criminal defense attorney as soon as possible.

    See question 
  • If i already pleed out guilty and was sentenced is there any way i can re-open the case and change my plee?

    i pleed guilty to a battery and now i want to fight it and possibly get it off my record.

    Timothy’s Answer

    You can make a motion to have the pleas withdrawn but most courts are reluctant to do so. You would need to show that the plea was not made knowingly, voluntarily or intelligently or that there was some other constitutional or notice defect. The only way an attorney could properly advise you would be to review the plea itself.

    See question