Legal Question in DUI Law in Washington
dui evaluation
In wa state a dui after 7 years from a previous one is considered a first offense. Does the treatment agency that gives the alcohol evaluation have to comply with that law also in regards to conducting the Evaluation
1 Answer from Attorneys
Re: dui evaluation
First, understand that a DUI more than 7 years after a prior DUI is not a "first offense"; rather, a judge is not required to impose minimum mandatory penalties for a 2nd offense or subsequent offense. A judge may still consider prior convictions, i.e. DUI, traffic, non-traffic, when imposing penalties.
A qualified chemical dependency counselor, when conducting an assessment, will look at ALL factors relating to alochol. In fact, if a counselor disregarded a DUI simply because it occurred more than 7 years prior to a current incident, the court would find the evaluation less credible.