Legal Question in DUI Law in Washington

Re: what's taking so long?

Usually, no news is good news. A DUI charge by citation should be filed within 48 hours (weekends and holidays excluded). The statute of limitations on a DUI (gross misdemeanor) is 2 years.

The law requires that a person arrested and cited for DUI appear before a judge the next judicial day. The officer should have written an appearance date on the citation. If the officer did not issue a citation, the matter may have been forwarded to the prosecuting attorney's office for review.

To be sure, you should check with the court to inquire if the charge was ever filed. If notice was sent to an incorrect address and you failed to appear, a warrant likely would have been issued.

You should also be concerned about administrative proceedings with the Department of Licensing (DOL). An officer who arrests a person for DUI and subseuently obtains two breath samples of .08 or higher is required to notify DOL within 72 hours of the incident. Based upon that report, DOL suspends the arrestee's driving privilege for a period of 90 days (BAC refusal = 1 yr. suspension). The only opportunity the driver has to challenge the suspension is to make a hearing request within 30 days. If your DUI did not involve alcohol or a test above the legal limit, you need not worry about administrative proceedings.