Category Archives: DUI Sentencing

1. Judge Nixes Plea Agreement, Imposes Maximum Sentence on Drunk Driver

   Apr 6, 2012 —

   In a criminal case, it is common for a prosecutor and a defense attorney to reach a plea agreement after working long and hard to resolve disputed issues.  A plea agreement is a compromise reached by all parties, which basically consists of a defendant admitting guilt to a particular crime in exchange for a specific … [More]

2. New DUI Law Signed By Governor

   Mar 27, 2012 —

   I’ve written on this blog before about the bill making its way through the state legislature that would boost drunk driving penalties in instances where another person is injured or killed. That bill was signed into recently by Governor Chris Gregoire. But House Bill 2443 also had other provisions which would affect the sentencing requirements … [More]

3. Washington DUI Caselaw Summary – State v. Oslakovic (January 2011) – Consecutive Sentences

   Dec 14, 2011 —

   Many DUI defense attorneys have stood in Superior Court and puzzled after receiving the court’s sentence.  The hammer was dropped for a felony charge and then extensive jurisdiction to improve the person was ordered on the gross misdemeanor DUI.  Typically, felonies bring punishment and misdemeanors bring rehabilitation.  But both at the same time?  Most often … [More]

4. Washington DUI Caselaw Summary – Harris v. Charles (May 2011)

   Dec 8, 2011 —

   The Supreme Court of Washington decided that mandating credit for time served on pretrial home detention was not required in misdemeanor courts as it is in felony courts. Such different treatment of misdemeanants than felons was not an equal protection violation. Interestingly, the Supremes reason that mandating the credit in the lower courts would significantly … [More]

5. 2011 Washington DUI Caselaw Summary – State v. West (January 2011)

   Oct 15, 2011 —

   This unpublished opinion from Division Two of the Court of Appeals considers what “prior offense” means when a convicted person stands before a sentencing court on a Felony DUI charge.  The court here balanced two statutes that seem to be inconsistent and decided the case to expand the definition of “prior offense.” Under the specific … [More]

6. 2011 Washington DUI Caselaw Summary – State v. Santos (September 2011)

   Oct 12, 2011 —

   In Washington, felony driving under the influence (DUI) requires a showing that the defendant in the courtroom has been convicted of previous DUIs within ten years. The State has the burden to show that the person named in earlier judgments or court documents and the defendant presently sitting in the courtroom is the same person … [More]