District Court

DUI INFORMATION

NOTICE TO ALL DEFENDANTS CHARGED WITH DUI OR PHYSICAL CONTROL

(for offenses occurring after August 31, 1995)

YOU HAVE BEEN CHARGED WITH DRIVING (OR BEING IN ACTUAL PHYSICAL CONTROL OF) A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS. THOSE CHARGES ARE REFERRED TO HEREAFTER AS "DUI". IN ADDITION TO THE INFORMATION ON THIS SIDE OF THIS DOCUMENT, YOU WILL FIND THE PENALTIES FOR "DUI" ON THE OTHER SIDE OF THIS PAPER. HOWEVER, PLEASE FINISH READING THIS SIDE FIRST.

DEFERRED PROSECUTION INFORMATION

Even though you have been charged with DUI, you may be eligible to petition (ask) the Court to be placed on Deferred Prosecution. The Deferred Prosecution program is an alternative to conviction and punishment for those persons who have an alcohol (or drug or mental) problem and who will benefit from a treatment program. If you are accepted into AND COMPLETE the Deferred Prosecution program, you will not be convicted of the offense with which you are currently charged, nor be required to serve any jail time or pay a fine, nor will you lose your license to drive a motor vehicle. Also, at the end of the two year period, the charges against you will be dismissed (but may be grounds for an enhanced penalty if you subsequently commit DUI). You will, however, be required to complete successfully an intensive two year treatment program for your alcohol, drug or mental problem, and arrange to pay the cost of such treatment, and you will also be required to install an Ignition Interlock Device on any car you drive for a period designated at the time of deferral. AND THE DIRECTOR OF LICENSES WILL PLACE YOUR LICENSE IN A PROBATIONARY STATUS FOR 5 YEARS FROM THE VIOLATION DATE.

However, the Court will NOT accept a Petition for Deferred Prosecution from anyone who sincerely believes they are innocent of DWI, or who believes that they do not, in fact, have an alcohol (or drug or mental) problem.

Furthermore, before you are accepted into the Deferred Prosecution program, you will be required to stipulate (admit) to the facts contained in the police reports (including the results of any breath or blood alcohol tests). Those reports will be used to convict you of the offense charged if the Court finds cause to remove you from the program.

You MUST AND WILL be removed from the program (and be found guilty and sentenced without further trial) if you are convicted of an offense similar to the one with which you are currently charged, during the Deferred Prosecution period and you MAY AND PROBABLY WILL be removed from the program (and be found guilty and sentenced without further trial) if you fail to follow and complete the treatment program or otherwise fail to comply with all of the terms of the order placing you on Deferred Prosecution.

EVEN IF you decide not to petition for Deferred Prosecution, and if you are subsequently found guilty of the offense charged, you may still seek suspension of some of the fine or jail sentence on condition that you seek and obtain treatment for your alcohol, drug or mental problem. Also, you may always seek treatment from public or private agencies at any time without regard to whether or not you are found guilty. In addition, you are advised that if you are found guilty, the Court or Director of Licenses may still require you to enter and complete a treatment program even if you do not petition for Deferred Prosecution.

If you wish to investigate the advisability of petitioning for Deferred Prosecution, tell the Judge when you are arraigned, and you will be referred to a state approved alcohol (or drug or mental health) evaluation agency, and your case will be continued (postponed) to allow time for an evaluation to be made. After the evaluation is completed, you can decide whether or not you wish to enter the Deferred Prosecution program, or proceed to trial on the charge.

THE MAXIMUM PENALTIES FOR CONVICTION OF DUI (driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs) ARE $5,000 FINE AND ONE YEAR IN JAIL. ALSO, THE DIRECTOR OF LICENSES WILL SUSPEND YOUR DRIVING PRIVILEGE (LICENSE) FOR UP TO TWO* YEARS, DEPENDING ON YOUR PRIOR DRIVING RECORD. THERE ARE CERTAIN MINIMUM PENALTIES, AS FOLLOWS:

1. If at the time you were arrested for this offense you had within the preceding five year period:

a. not been arrested for a DUI which resulted in a conviction or deferred prosecution:

i. and your alcohol concentration was under .15R : 1 day jail, $350 fine, license suspension for 90 days.5(1)(a)

ii. and your alcohol concentration was .15 or above, or you refused a test: 2 days jail, $500 fine, license suspension 120 days.5(1)(b)

b. been arrested once for a DUI which resulted in a conviction or deferred prosecution,

ii. and your alcohol concentration was under .15R : 30 day jail, $500 fine, license suspension for 1 year.5(2)(a)

ii. and your alcohol concentration was .15 or above, or you refused a test: 45 days jail, $100% fine, license suspension 450 days.5(2)(b)

c. been arrested two or more times for DUI offenses which resulted in conviction or deferred prosecution,

i. and your alcohol concentration was under .15R : 90 days jail, $1,000 fine, license revocation 2 years.5(3)(a)

ii. and your alcohol concentration was .15 or above or you refused a test: 125 days jail, $1,500 fine, license revocation/suspension three years.5(3)(b)

2. All persons convicted of DWI must:

a. pay a $125 breath/blood test fee ( 13)

b. pay a 60% surcharge assessment on all fines (3.62.090 & 7)

c. get an alcohol evaluation and either attend alcohol information school or complete a treatment program determined by the court.5 & 14

d. have their license be in a probationary status for 5 years after the applicable suspension period.17 Exses 1

e. surrender any driver's license immediately to the Court, or be confined in jail for the period of such suspension or revocation, or until the license is surrendered. (RCW 46.20.270(1))

3. For the next two years, the court must suspended your driving privilege for 30 days each time you:

a. drive without a license or insurance, or

b. drive with an alcohol concentration of .08 or more, or

c. refuse to submit to a breath or blood test when there is reasonable grounds to believe you were DWI,

whether or not you are subsequently convicted of the new offense of DWI. 5(6)

AND the court must sentence you to jail for 30 days each time you commit 3(a) plus 3(b) or 3(c).

6. Once suspended or revoked, your license remains suspended or revoked for the minimum period applicable AND until it is restored to you upon your application to and reinstatement by the Department of Licenses. (RCW 46.20.311) To have your license restored to you, you must maintain liability insurance and file proof with the Director of Licenses, and pay a reinstatement fee, and you may be required to complete up to 60 days of alcohol treatment.

* HOWEVER, conviction of three major traffic offenses (such as DUI) in a five year period may cause the Director of Licenses to classify you as a Habitual Traffic Offender, and revoke your license for FIVE YEARS. (RCW 46.65.020)

R or there is no breath or blood test for any reason other than a refusal to take a test.

SPECIAL NOTE: If you are charged with second offense DUI within 5 years of being placed on deferred prosecution for or convicted of DUI, it is or may be a crime for you to transfer any interest you have in the car you were driving until the case is completed (or for 60 days after conviction), and if you are convicted, the car may be forfeited to the State (or City).

THE COURT CANNOT ISSUE AN OCCUPATIONAL LICENSE. Occupational licenses may be granted by the Department of Licenses, but not during the first 30 days of any license suspension, nor during any period your license is suspended for refusal to take a breath or blood test or for a conviction under #2 or #3 above, or within 5 years of the time a prior DWI was committed. (RCW 46.20.391)

 

FORM 511A DUI INFORMATION SHEET, Rev 6/99 (DUINFOS2)