Legal Question in DUI Law in Washington
DUI Process
So this is just for my curiosity. 3 years ago....
My friend who got the DUI went for a Hearing, which he said happened on the phone.
He got a letter in the mail from Department of Licensing advizing him that his Licence has been Suspended for 90days and after he would need to pay reinstate fee + get a SR-22 for 3 years.
Is this it? or will he have to go for a Criminal Court Hearing too? He never heard from anyone asking him to go back to court but he is not sure as he moved out of state 5 months after the hearing.
Is Suspension Hearing and getting a letter from DOL Subject:Final Order the last thing he has to deal with or will there be charges from any other institutions also?
Should he just be counting his blessings that he did not get jail time?
PS- He hasnt been driving for the last 3 years,to get his licence back does he just have to get it reinstated?
2 Answers from Attorneys
Re: DUI Process
It would seem that there is a prosecution waiting out there for DWI. There may be a warrant for his arrest. He may want to be sure by calling a lawyer in NY and having the record searched without revealing his whereabouts. If there is a bench warrant outstanding he would do well to vacate it with his own lawyer rather than being picked up on the warrant by police.
If there turns out to be no warrant, then he should consider himself fortunate as he slipped by the authorities. The Statutue of Limitatiions on a Misdemeanor is 3 years.
Before he does anything however he should speak to a private Criminal Defense Lawyer to assure himself that nothing is amiss.
If he wants to speak to an attorney he may contact me through the links provided below.
Good Luck
DUI Process
It appears your friend participated in an administrative hearing with DOL, which was initiated by the filing of a DUI arrest report sent by the officer to DOL.
If the officer issued a criminal citation, a copy should have been given to your friend and the original would be filed in district (or municipal) court, which would result in a summons for him to appear at an arraignment hearing. (Typically, the offender must appear on the next judicial day.) Failure to appear for arraignment will result in a warrant. A warrant leads to a suspension that can only be removed by resolving the "failure to appear".
Visit www.courts.wa.gov and perform a name search to find out if there is a case listed for this incident (court, violation date and case type are listed).
The statute of limitations on a misdemeanor DUI is two years. If the charge has not been filed, your friend will only need to reinstate his driving privilege. Reinstatement requires a filing fee and the filing of an SR-22 certificate for 3 years.
There may be other requirements, e.g. alcohol ignition device, depending on your friend's driving record/history.
If there is a court case, it is possible to resolve the case without returning to Washington with the assistance of a lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
