On January 1, 2026, recently amended RCW 10.05.010(2)(5) makes some Washington DUI/Physical Control defendants eligible for a second deferred prosecution. Formerly, only one deferred prosecution was permitted. On January 1, 2026, DUI/Physical Control defendants will become eligible for a second deferred prosecution if 1) they successfully completed a previous DUI/Physical Control deferred prosecution, or 2)…

There are many things a WA State criminal defendant can do to help their defense attorneys get the best possible case outcomes. Follow the defense attorney’s advice to be proactive. Take all the following recommended actions that will impress the case prosecutors & judges. For DUI cases, voluntarily obtain an alcohol/drug assessment and start any…

Many Washington drivers are unaware that they have a legal right to refuse all police requested DUI related sobriety and breath alcohol tests when stopped for possible DUI or being in Physical Control of Vehicle While Impaired. Police DUI roadside field sobriety tests and portable breath alcohol tests are always voluntary. The later Draeger breath…

Every Washington traffic infraction ticket form has a section at the top with 4 choices. The driver must check the bottom choice, Contested Hearing, in order to fight the ticket in court. Unfortunately, many drivers erroneously check the choice for Mitigation Hearing, which is admitting guilt. In addition to properly filling out the traffic ticket…