Legal Question in DUI Law in Washington

Re: What Is no- contest

Some states allow a defendant to plead "No Contest" to a criminal charge. Washington state has a similar form of disposition: Bail Forfeiture. Essentially, a bail forfeiture or plea of no contest is like saying "I'm not saying I committed the offense and I'm not saying I didn't commit the offense." Forfeiture of bail is the payment of a monetary penalty. It does not require that bail be previously posted.

A bail forfeiture is not the equivalent of a guilty plea, but it can have some of the same consequences.

With respect to DUI and other traffic offenses, the incident will appear on a driving record. The motor vehicle code specifically provides that a bail forfeiture shall have the same effect as a conviction for administrative consequences. (By comparison, the fish and wildlife code provides that the privilege to hunt will be suspended for a single conviction for certain big game violations or two bail forfeitures.)

A bail forfeiture (or no contest plea in another state) will be considered a conviction for all purposes, including determining whether a person has a prior offense for sentencing.

If a person settles a DUI in Washington state with a forfeiture of bail, the court will impose a monetary penalty. There will be no court mandated jail term, probation, or alcohol treatment. However, the Department of licensing will still suspend the driving privilege and not permit reinstatement until the driver files and maintains for 3 years an SR22 certificate and provides proof of and alcohol evaluation and participation in or completion of any recommended treatment.

Finally, failure to pay the monetary penalty imposed by the court could lead to vacating the bail forfeiture and reopening the case.