I have a friend that got a DUI in Seattle Washington, but now lives in Boise ID. Would her DUI sentencing be able to transfer over to where she currently lives in Boise ID?
Criminal Defense Attorney
If you are asking about transferring the actual sentencing hearing (where the judge imposes punishment and probation conditions), I have never seen such a transfer between states in my 14 years of practice. What you are most likely referring to, however, is the transfer of probation conditions. It is common for folks that live out of town to attempt to transfer their probation to their state of residence. The Washington authorities would have to agree to it, of course, but the big question is whether the receiving jurisdiction (in this case Idaho) would agree to take responsibility for supervision of your friend’s probation.
DUI / DWI Attorney
Her sentencing, no. Her probation, possibly, Thus, she must appear in person before a judge in the jurisdiction of the crime to be sentenced. Once sentenced, if she is placed on probation, she may either be allowed to comply with probation from her home state, or she may be required to seek a transfer of probation to her home state if she has certain prior offenses. I have helped many people from out of state deal with their DUI cases in WA. If there is jail time to perform, that will often have to be done in WA, but if the court allows electronic home monitoring instead, she may be permitted to do that from Idaho. Likewise, she will probably have to have any alcohol / drug evaluations done in WA, but the judge may allow any treatment recommendations to be done in Idaho.
An attorney can help line all these up in advance of her sentencing so that any further trips here are limited or unnecessary, unless she violates the conditions the judge imposes at sentencing.