When the Washington Legislature updated RCW 46.61.5055, amongst others, it made some important updates to how individuals are sentenced for DUI or Physical Control. While not comprehensive, this post will cover the substantive changes and hopefully help you understand the law a little better. First Offense / No Prior Offenses Within 7 Years If you were convicted of DUI, it...
Courts impose a number of mandatory and case-specific conditions on a defendant when ordering probation. Some require affirmative acts – such as getting a drug and alcohol evaluation, completing recommended treatment, and participating in a victim impact panel. Other conditions are prohibitive – do not refuse a valid request for breath or blood to determine alcohol concentration, do not drive...
Washington imposes DUI-like penalties when one operates a motor vehicle, even if that person isn’t actively driving. Defendants are often charged with Physical Control when they alleged to be intoxicated and in a stationary vehicle. What is Physical Control? “Physical Control” is not defined by statute. Our courts have determined one to be in Physical Control when they are “in...
