Legal Question in DUI Law in Washington
In the State of Washington how long after DUI does the state have to send you the paperwork? My 19 year old daughter went to grad party 6/13/09 went into ditch with her car. WA State Patrol arrested her for DUI, after one hour took her to Orting Police Department, released 30 minutes later. Only paperwork we have received is her BAT done at the Orting Police Station. We have not received any paperwork whatsoever. Is there a timeline? What should I do? I have called WSP twice requesting information with no avail. Do I just wait? Is this a reason it could be dismissed? Thank you. Cindi
1 Answer from Attorneys
What your daughter experienced is pretty typical. The smaller the agency, the more likely the person will get a court date "on the spot". So, if it was an Orting muni police that stopped her, she might get a court date right then. However, the larger agencies (county and state police) submit to the appropriate county prosecutors and that usually slows the process. There's a two year statute of limitations for a DUI charged as a gross misdemeanor, so they have time. Also, as your daughter is 19, depending on her BAC reading, they may be determining whether to charge her with a DUI the a lesser charge of "driver under 21 consuming alcohol". WSP does not determine the charges to be filed in court; the prosecuting agency does. Though others may differ in opinion, I believe pushing the issue gets one nowhere, and it's best to just wait.
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