What will happen with my second DUI? 4 Answers as of April 25, 2011

I was convicted of a DUI in Washington State 4 years ago with .15+ bac. I recently was pulled over with .15 bac and charged with dui. I have not decided to do deferred or fight the case yet. It is likely I am moving to Montana in the next year. How will things transfer with those scenarios? Classes? Licensing? IID (which I've already had for one year)? I appreciate any insight as to what to expect.

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Law Office of Michael Brodsky
Law Office of Michael Brodsky | Michael Brodsky
If you are convicted of this new DUI as charged, i.e., 2nd offense BAC over .15, then you will be facing a mandatory minimum sentence of 45 days in jail and 90 days electronic home detention along with financial and treatment related obligations. In addition, if you are still on probation for the 1st DUI, you will likely face a 30 day mandatory sentence for violating conditions of probation on that charge. It is critical you seek the assistance of a good attorney as soon as possible.
Answer Applies to: Washington
Replied: 4/25/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
There is a lot to consider when deciding whether to enter a deferred prosecution or contest the DUI charge. I would definitely suggest speaking with an experienced DUI attorney to review your options, which will depend on the specific facts of your case. The deferred prosecution is a great option for those with priors due the higher mandatory consequences, however, the deferred program is not easy and requires two years of treatment and 5 years of probation. Once you are accepted into the program you are not allowed to transfer treatment agencies, additionally you would be subject to the interstate compact, which means you would not be allowed to move out of state without permission during the probationary period. The mandatory minimum consequence for a DUI (2nd in 7 years) with a BAC over .15 are: 45 days in jail 90 days of electronic home monitoring $1121.00 fine plus costs and assessments 2/3 license suspension 5 years of an ignition interlock device alcohol/drug evaluation DUI victim panel 5 years of probation Please consult an attorney before making any decisions, so you make the most informed and best decision for you. I offer free consultations and can accommodate an office or phone appointment to go over your options at no cost to you.
Answer Applies to: Washington
Replied: 4/22/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
A second DUI within 7 years will have a mandatory jail sentence with it (45 days plus 90 EHM). A deferred is a good option considering its your second DUI. A good lawyer should be able to arrange for you to complete the deferred even if you move to Montana (This will depend on treatment providers, etc. being available in Montana). Please feel free to contact me with any additional questions.
Answer Applies to: Washington
Replied: 4/22/2011
The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
Unfortunately a new DUI, in this case a 2nd DUI arrest, does create many legal issues and potential problems. If you do decide to pursue the Deferred Prosecution and then move out of state, more issues exist. If you start the DP in Washington then move out of state, you must find a treatment center in Montana (where you may move) that will continue with the DP treatment in exact accordance with Washington State Law. After you have done so you must petition the court to give you permission to transfer treatment from the original treatment center in Washington to Montana. Assuming the Court gives you this permission, you must then have your probation transferred to Montana under the Interstate Compact rules. As you can see, this is not an easy process but be sure you are well informed and have good legal counsel to assist. Call if you have any questions.
Answer Applies to: Washington
Replied: 4/22/2011
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