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…

Since the start of Covid in 2020, the King County and Snohomish County Prosecuting Attorneys have not immediately filed non felony DUI charges in their local District Courts immediately after DUI arrests. Instead, they often wait 1 to 2 years from the arrest date to file DUI charges, especially when police blood alcohol draws were…

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…

One of the most confusing things for drivers arrested for DUI (or Physical Control Under the Influence) in Washington is that they will face two(2), and often three(3), separate legal cases. The first case is their DUI /Physical Control court case under RCW 46.61.502 or RCW 46.61.504. They will usually have to appear in court…

Washington State House Bill 1596 (the BEAM Act) becomes effective on January 1, 2029. Its purpose is to prevent dangerous speeding by requiring the use of Intelligent Speed Assistance (ISA) devices on all vehicles operated by drivers whose licenses have been suspended for Reckless Driving or excessive speeding tickets. Or when imposed by court order.…

Washington State troopers will be performing high risk driver emphasis patrols along I-5 between south Everett and Arlington in north Snohomish County this summer. Other trooper emphasis patrols will be done on I-5 near Tacoma and Federal Way and on I-90 near Spokane. Troopers there will be extra vigilant for DUIs, Reckless Driving and dangerous…