RCW 46.20.355 was amended by the 2025 WA Legislature to require the WA Department of Licensing to notify drivers receiving a court Deferred Prosecution within 45 days that they must surrender their WA driver licenses and apply for a new five (5) year Deferred Prosecution probationary license.
Contact Lynnwood DUI lawyer Paul Hanson for more information.
Effective January 1, 2026, RCW 10.05.060 was amended to clarify that the WA Department of Licensing must permanently keep court DUI & Physical Control Deferred Prosecutions on driving records. 2024 Wash. Laws ch.306, sec. 17.
Contact Lynnwood DUI lawyer Paul Hanson for more information.
Under Washington State law, RCW 46.20.720(2), it is a gross misdemeanor criminal traffic offense to operate a motor vehicle without a functioning ignition interlock device(IID) when ordered by a court or the Department of Licensing.
However, RCW 46.20.740(6) provides a legal exception to this IID requirement (the Employer Exemption) if the driver is driving an employer’s vehicle for an employer during working hours. But this Employer Exemption does not apply to a person who is self employed unless the person’s vehicle is used exclusively for the person’s employment. 2024 Wash. Laws ch.306, sec.28.
There is also a Medical Exemption to the DUI Ignition Interlock (IID) requirement if the driver obtains a determination from the Department of Licensing that he/she is unable to operate an IID due to a physical disability. RCW 46.20.720(3)(g).
Contact Lynnwood DUI attorney Paul Hanson for more information.
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…