Legal Question in DUI Law in Washington

Arrested on a warrant from 11 years ago

My husband was charged with a DUI in 1994 in Washington state. He actually lived in California and was visiting family on summer vacation from school. He never showed up for court and went back to California. He was 19 at the time and just wasn't thinking of the consequences. Then in 1997 he moved back to Washington and decided he wanted to get it taken care of. He went to the original lawyer appointed to him and he stated that he could find no record of him at all and just not to worry about it. I was with him at the lawyer's. So we just completely forgot about it. Then a few nights ago on September 15, 2005 police came to our house and arrested him for the DUI that took place 11 years ago. He spent the night in jail and most of the next day. So now we're wondering what we should do. I have read on this message board that there is no statute of limitations on a bench warrant, but what we're wondering is if there is any way this can be dropped. How far back do police records go for breathalizers, etc.? My husband is in a alochol rehabiliation program from another DUI he got last year and has been clean for 15 months and is really trying to get his life together, we would like to just resolve this as quickly as possible.


Asked on 9/20/05, 12:05 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Arrested on a warrant from 11 years ago

I am sorry to hear that your husband was arrested for this. What you should do depends on your financial situation because you definitely need a lawyer. If you do not have much money then you will need the assistance of the public defender. You might get lucky in terms of old records no longer being available or the arresting officer being gone. There are also some technical issues in terms of the bench warrant being renewed (I believe after 5 years). However, it is true that a bench warrant does toll the statute of limitations from running. If it looks like you are unlikely to prevail in a defense, you husband can elect to do a deferred prosecution which puts off penalties in exchange for treatment. That sounds like a good option since he is doing the treatment anyway. If you would like to meet for a consultation please contact me directly.

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Answered on 9/20/05, 12:17 am


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