Legal Question in DUI Law in Washington

Dui

I have dwi conviction in Texas. I have a case pending in Washington. Will a dwi conviction in texas be considered in a dui case in Washington state?


Asked on 3/22/09, 9:46 pm

1 Answer from Attorneys

Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: Dui

It's quite possible. First, understand that you are under no duty to divulge your prior record unless asked a direct question by the court. NEVER lie if the judge asks you about priors--you'd potentially commit perjury, a criminal offense. The prosecution is required to prove priors, and should have run an NCIC (national records check). I sometimes find the prosecutor not running a check where someone has been in WA for a few years. Bottom line: if they run a check and discover the TX prior and it's within 7 years of this one (offense date to offense date), it will be considered a prior for purposes of penalties.

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Answered on 3/23/09, 11:02 am


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