With two DUI charges in ten years what can my boyfriend do? 3 Answers as of April 01, 2011

I got it last weekend. I have been keeping myself out of trouble beyond the first charge, which I got in Seattle in 1999. Can I do something else?

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Law Offices of John J. Lutgens
Law Offices of John J. Lutgens | John Lutgens
First you should consult with an experienced DUI attorney regarding the implications of a DUI charge, regardless of whether it is your first or second charge. Should you have questions specifically related to the pending DUI please feel free to call my office at 360 693 2119. In Washington there is an enhancement on the mandatory minimum sentencing on a second DUI within seven years. In your boyfriend's case this should not be factor since his last DUI was in 1999. However, a prosecuting attorney and presding judge may consider all prior criminal history in the event he pleads guilty or is found guilty. Please call for a free telephone consultation on Washington related criminal matters.
Answer Applies to: Washington
Replied: 4/1/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
There are a lot of factors involved in a DUI charge that can affect the outcome. Fortunately, the two charges are more than seven years apart, because the law requires a mandatory sentence enhancement when a person gets two DUI's within 7 years. However, the law is still very tough on people who get a second DUI and the laws have gotten stricter since your last offense. It is very important that you speak with a DUI attorney and have one with you at the arraignment. Also, remember you only twenty days from the date of arrest to request the DOL hearing otherwise the DOL will automatically suspend your license sixty days after the arrest date. An attorney can represent you at the hearing and argue to keep your license. The most important thing you can do now is interview attorneys, your second step will be to set an alcohol evaluation (speak to an attorney first so they can refer you to a reputable agency). Best of luck.
Answer Applies to: Washington
Replied: 3/22/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
As long as seven years have passed from your last DUI there would be no additional mandatory jail time but the court could consider your prior offense in sentencing you on the newest case. You could enter a deferred prosecution where you would commit to two years of treatment and five years probation. If you have completed treatment and stayed out of trouble the charge would be dismissed. There are a lot of considerations that I can't address because your question provides little detail. However, you will definitely fare better with a private attorney. If you were arrested in Clark, Cowlitz or Skamania County, I would be happy to represent you. If you have any further questions or concerns, please feel free to contact me.
Answer Applies to: Washington
Replied: 3/22/2011
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