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I got a DUI in 2005 and it was reduced to reckless driving......deferred, then dismissed all together. I since got a DUI in

Kent, WA |

2011. Can the courts use my dismissed case against me? They are trying to sentence me based on "2nd offense in 7 years". Is this legal? Are there any cases to support my case?

Washington State

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Attorney answers 3


Sadly, even if dismissed - under Washington State Law - any prior DUI that was amended to a Reckless Driving like yours - counts as a prior DUI if you get another one in seven years. You'll want to consult with a DUI attorney immediately.

Every case is different, and this is not intended to be anything other than helpful information. This in no way creates an attorney-client relationship between us. If you'd like to speak further about this answer, feel free to call me for your FREE CONSULTATION at 425-424-9401.



What is the point of having it deferred, then dismissed then? Have you ever had a case like this?

Jonathan Dichter

Jonathan Dichter


I can see Mr. White's argument - and while I would certainly TRY to argue it - I've not seen success with it - the statute is clear - you were convicted of Reckless Driving - the fact that your sentence was deferred doesn't seem to exempt you from the statutory scheme. The point of having it deferred is that if you NEVER get another one - your record is clean. Yes - I've handled hundreds of DUI cases, am a member of the National College for DUI Defense, hold certifications in Forensic Sobriety Assessment, and a variety of other specific DUI trainings. DUI is my focus area, and is around 80% of my workload. You can find more about me at


I have successfully argued that the prior does not count. The deferred statute parallels the vacate statute which releases you from all "penalties and liabilities" from the conviction.
At your service,



I get sentenced on Jan. 24th, I think it is too late. Prosecutor recommending 45 days in jail.


Violation date to violation date. If the first case is within 7 years of the new one and it was a DUI reduced/amended to anything and even a deferred prosecution that was dismissed, it counts. Get an Attorney.

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