Legal Question in DUI Law in Washington

How long does the State have to file charges?

My sister fell asleep behind the wheel and veered into some scrub bushes late at night about three weeks ago (fortunately she wasn't hurt). A King County sherrif had been following her for a few miles and immediately arrested her for DUI, although the breathalyzer showed her below legal limits (.02%). They punched her license, and released her the next morning with a request for driver hearing form. If the State chooses to pursue a DUI charge, how long do they have before they must file? How does that fit in with the states requirement for a speedy trial? Could anyone point me to the law or code in the State constitution or RCW that I can show her to calm her down? Thanks!


Asked on 8/09/06, 12:24 pm

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

Re: How long does the State have to file charges?

I am sorry to hear about your sister's trouble. Is she under 21? The legal limit for someone under 21 is .02 (minor DUI). The state has 3 years to file the charge. If there is some pressing reason to proceed faster that you can successfully communicate to the police then you can pressure them to go faster. The speedy trial rule (Criminal rule of limited jurisdiction 3.3) only kicks in once the charge is filed. The longer they take to file the better. It can be that they have no intention to file. Wait a few weeks and call the precinct. The officer may give you more information about whether they are even going to process the case. If she's over 21 and blew a .02 they may decide they do not have a case. If you'd like legal assistance with the case contact me directly.

At your service.

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Answered on 8/09/06, 1:24 pm


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