Upcoming Changes to DUI Laws in Washington State for 2024 - Vancouver WA Criminal Defense Attorney | DUI Lawyer

In the latest legislative session, Washington state has passed House Bill 1493, introducing significant changes to DUI laws. These amendments will affect both first-time offenders and those facing felony DUI charges. Here’s a detailed look at the key updates:

1. Expanded Lookback Period for Felony DUI Charges

Previous Rule:
- A DUI could escalate to a felony if the individual had three or more DUI-related convictions within the last 10 years.
New Rule:
- HB 1493 extends this lookback period to 15 years.
- Prior DUI convictions from the past 15 years can now elevate a new DUI offense to a felony.
- This change increases the likelihood of more DUI cases being charged as felonies.

2. Sentencing Alternatives for Felony DUI Convictions

Current Options:
- Felony DUI typically results in standard prison sentences.
New Options Under HB 1493:
- The Drug Offender Sentencing Alternative (DOSA) now applies to first-time felony DUI offenders.
- Benefits of DOSA:
  - Eligible individuals can receive treatment instead of traditional prison sentences.
  - Focus on rehabilitation for underlying substance abuse issues.
- This provides a more rehabilitative approach for those convicted of their first felony DUI.

3. Changes to Deferred Prosecutions for First-Time Offenders

Previous Rule:
- Deferred prosecution could only be requested once in a lifetime for DUI charges.
New Rule Under HB 1493:
- Allows a second deferred prosecution for subsequent DUI offenses.
- Conditions:
  - If a first-time offender opts not to defer prosecution and then faces another DUI, they can only request one deferred prosecution in total.
- Provides more flexibility but emphasizes the importance of making informed decisions early on.

Implications for Those Charged with DUI

Tougher Penalties:
- Increased likelihood of felony charges for repeat offenders due to the extended lookback period.
Rehabilitation Focus:
- Expanded DOSA program offers treatment options for first-time felony DUI convictions.
Flexibility for First-Time Offenders:
- New rules on deferred prosecutions provide additional opportunities for those seeking treatment over penalties.

Navigating these changes requires experienced legal counsel. If you are facing DUI charges, it’s crucial to understand your rights and options under the new legislation.

For more information or to schedule a consultation, please contact my office.

Results

How We Achieved Dismissal in a Complex Assault 4 Domestic Violence Case

Introduction Navigating a domestic violence charge can be daunting, especially when the accusations are unfounded. Our recent victory in an Assault 4 Domestic Violence case showcases the importance of a robust defense strategy and thorough investigation. Here’s how we turned a challenging situation into a successful dismissal. The Case Our ... Read more

Assault 3 Domestic Violence – Felony – Dismissed

Client was charged with felony assault domestic violence when his truck ran over his girlfriend’s leg during an argument in a parking lot. The girlfriend was badly injured and had to be taken to the hospital. The girlfriend wanted charges filed and was cooperating with police and the prosecutors. After ... Read more

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.