New DUI Laws in Washington

The Washington legislature recently signed a 75 page bill that will significantly change DUI law in Washington. ESSB 5912 is expected to be signed into law by the governor and many of the changes will go into effect by the end of September.

Warrantless Arrests for DUI

The bill includes authority for a police officer to make an arrest for Minor DUI and Commercial Vehicle DUI, when the offense was committed outside the presence of an officer and without a warrant.

Mandatory Arrest

The bill requires that an officer make an arrest when a driver is suspected of DUI and the officer knows that the driver has a prior conviction within 10 years. This is the similar to mandatory arrest requirements for domestic violence cases.

Deferred Prosecution

A prior deferred prosecution will count as a prior DUI offense. This will raise the mandatory minimum sentences significantly.

Ignition Interlock

The court will now order an ignition interlock device after your DUI arriagnment or first appearance if you have a prior offense. Proof of installation must be filed with the court within 5 days of release.

Additionally, the new laws will limit the ignition interlock exception for work vehicles. On a first conviction, there is no work vehicle exemption for the first 30 days of the ignition interlock requirement. For a second or subsequent conviction, there is no exemption for the first year.

24/7 Sobriety Program

A new program will be created that will be an alternative to the Electronic Home Confinement (EHC) requirement to DUI sentences. The 24/7 sobriety program will be implemented as a condition of pre trial release as well as a replacement for EHC.

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.