Legal Question in DUI Law in Washington

Consequences of a conviction, should I plead guilt

I have recently been arrested for DWI and I am scheduled to appear in court soon. During the whole process I have tried to be cooperative and agreed to a breatherlyser test which showed that I was in excess of the limit.

The accident was a single vehicle accident with minor damage to private property.

I am Canadian and eligible to work in the US under a TN visa. My concern is that a conviction would prevent my rentry to the US. If I were to plead guilty is there an automatic conviction or can the case still receive an alternative outcome (eg dismissal)?


Asked on 3/28/04, 8:54 pm

3 Answers from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Consequences of a conviction, should I plead guilt

I always tell people, never plead guilty at arraignment. By pleading not guilty and demanding a jury trial, you preserve your rights and buy yourself time to retain counsel and fully consider your options.

If you plead guilty during your arraignment to DUI, you will, among other things, have your privileges to drive either suspended or revoked on the spot, you will be placed on probation for as many as 5 years, and yes, you can be deported if you are not a citizen of this country. Since DUI carries a mandatory minimum jail sentence in this state, you can expect to do at least one day in jail.

Don�t plead at arraignment. Hire a lawyer who is familiar with the immigration implications from a DUI charge and/or conviction and keep all of your options open.

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Answered on 3/28/04, 11:23 pm
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Consequences of a conviction, should I plead guilt

The first simple suggestion is this: do not plead guilty to such a serious charge before you have all of the facts! Even though DUI is a gross misdemeanor in this state, the consequences of a guilty plea can be quite serious. Also remember, that you must request a hearing with the State Department of Licensing within 30 days of your arrest or you will have your privilege to drive in this state suspended for at least 90 days. The licensing aspect of your case is totally separate and apart from the criminal traffic aspect of your case situation. What happens in one venue, i.e., court or DOL, will not affect the other one. You need to speak with a DUI lawyer immediately before you make any further decisions. But, by all means, keep track of the 30 day time period from your date of arrest and mail in your request for hearing with the required $100.00 fee no later than 28 or 29 days before the deadline. Please feel free to call if you have any questions. I am located just North of Everett in Smokey Point.

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Answered on 4/01/04, 11:58 am
Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: Consequences of a conviction, should I plead guilt

If you plead guilty , all that remains is for the judge to sentence you. The conviction cannot be taken off your record and for immigration consequences could bar you from the US I fyou want to talk more about this I can be reached at [email protected]

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Answered on 3/29/04, 10:07 am


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