My husband has 7 DUI's and has been getting continuances and extenions in court for number 8. With WA state's DUI laws how is this possible? He has been thru numerous rehabs with no successes, has had deferrments and the sort.
This is number 3 in 7 years I believe. For number 7 he was sentenced to 365 days, got out in 8 months d/t "good behaviour" and commenced drinking a month after that.
First, I agree with the advice given by Mr. Jolly, an excellent LOCAL attorney who ably handles these types of cases. I would just add that DUI Felony charges are not common according to a few local prosecutors for any number of reasons. Many "Courts of Limited Jurisdiction" as they are defined in Washington, particularly Municipal Courts as opposed to County District Courts, do not preserve records of prior cases. Felony crimes in WA must be heard in Superior Court, the "Court of Record" here. Superior Courts generally require original or authenticated documents from a defendant's prior convictions. For the State to convict a defendant of Felony DUI, for multiple offenses, each and every prior must be proved "beyond a reasonable doubt" to a unanimous jury. Additionally, it is the Judge's duty to apply the Washington Rules of Evidence, which require certain indications of accuracy before such a document is allowed in as evidence. Second, the maximum penalty for the Gross Misdemeanor crime of DUI is 365 days in jail. Defendants are entitled to 1/3 off for good behavior, so 8 months actually served would be a maximum sentence, leaving a Judge issuing such a sentence no jail time to impose should your husband reoffend during his 5 years of probation, or otherwise violate his probation, Finally, it occurs to me, the tone of your question suggests you think he should remain locked up. It seems to me you should be looking for a lawyer to assist you in divorcing this man. A Family Law attorney could establish your husband has a serious substance abuse problem, limiting or restricting time with children, if any. Not my area of expertise, except as it laps over into my criminal practice.
As for the first "answer" from the gentleman who practices law in Illinois, I'll let you decide which "5 Point" answer is most helpful. As a licensed Attorney in Washington, I believe such a flip comment insults lawyers (like David Jolly) who take the time to thoughtfully, and accurately answer serious legal questions from the state in which the lawyer is licensed. Frankly, I found it to be insulting. Both to the person seeking advice, and to those of us who work hard to know not only the State Law that applies, but also lawyers who understand the nuances and different approaches of Judges and Prosecutors we deal with daily. For example, I am LICENSED to represent and advise clients on Spokane area cases. But that doesn't make me comfortable advising clients there, even if I have handled lots of cases with the same charge here in Snohomish County.
Part of it depends on how far apart the DUI's were and what happened when they were adjudicated. Up until recently, the maximum sentence on any DUI was 365 days in jail. Now that the law has been changed to make certain DUI's a felony, someone in your husband's situation would likely have to be in prison longer. It sounds like your husband is an addict and until he realizes that drinking is making his life terrible, he won't stop. Treatment is only effective if the person wants to stop.
Sorry to hear of your situation. It is often more difficult for the spouse of a defendant than the defendant himself.
Very good question. To be honest I'm surprised that your husband is not in custody. Perhaps bail was set and your husband bailed out. Knowing the Everett Judges as I do (whether it be in Snohomish County District Court or Everett Municipal) I would think that if you husband is not in jail (and was either PR'd or bailed out) there would be very strict conditions - such as no consumption of alcohol, no driving without an IID, perhaps even he is on pretrial probation.
Another question I would have is whether the prior DUI charges were within the last 10 years? If this is the 5th then it could be filed as a felony.
DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Yevgeny “Jack” BernerDivorce / Separation LawyerEverett, WA ·
I suppose it depends on the nature of the pleas, the spacing of time between them, what's occurred in the last 7 years in particular, etc.
Jack Berner
DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
