Proposed Bill Would Make Fourth Washington DUI a Felony

Bill Making Fourth DUI in Washington State A Felony Being Considered | Washington DUI Washington DUI HomeAbout Our FirmYour DUI DefenseDUI Facts and InfoBlogContact Recent Posts Proposed Bill Would Make Fourth Washington DUI a FelonyDUI With Child in Car? Preparing for CPS Referral in Washington DUI Cases Challenges, Stays and Early Reinstatements of HTO License RevocationsPhysical Control in Washington - Confusion, Elements and DefensesSeattle and Washington State Marijuana DUI LawFee Increase to Request Administrative DOL HearingNew Washington DUI Laws Address Reckless Driving, Home Detention And HuffingReductions From DUI to Reckless Driving No Longer To Result In Additional License SuspensionsDUI Victims Panel, Attend Early, Be ProactiveDUI Emphasis Patrols for King, Pierce and Snohomish Counties Announced for St. Patrick's DayMore Proposed Bill Would Make Fourth Washington DUI a Felony Submitted by tcmilios on Fri, 01/23/2015 - 4:28pm

Will Washington state make a fourth DUI in ten years a felony? Washington law makers are again considering legislation that would further toughen what are arguably already the nation's strictest DUI laws by doing just that. If such a bill were to be presented, it would mark the third time in three years that such an attempt has been made.  Currently, it takes five DUI "convictions" in ten years for an offense to be considered a felony. A conviction can be an actual conviction for DUI, a conviction for a lesser offense that began as a DUI such as Reckless Driving or Negligent Driving, as well as successful completion of what is known as a Deferred Prosecution.

Previously, similar sponsored bills had not passed based primarily on the cost that such a provision would pass on to Washington tax payers.  The cost of building the extra prison alone would run into the millions.  As such, a cost/benefit analysis needs to be performed. Realistically, someone convicted of a 4th offense within 10 years will likely get a year in jail.  Making such an offense a felony would only add a small amount of incarceration but do so at a tremendous cost. Is it worth the extra expenditure?  It seems likely that if this legislation is continuously proposed it will eventually pass.  That is the reality of DUI legislation.  No legislator wants to be tagged as "soft on DUI" come election time.  Hopefully, as in the past two years, law makers will recognize that more prisons will be neither efficacious nor effective.

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Will a Fourth DUI be a felony in Washington State?

THE DUISEATTLE.COM BLOG : Will a Fourth DUI be a felony in Washington State? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public?Am I entitled to an attorney at my DUI Probation Violation Hearing?Is Washington State coming out with a new breath test machine?Will the roadside portable breath test (PBT) at the vehicle be used in my DUI case?Will my license be punched when arrested for DUI? Search OFFICEContact Information
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January 25, 2015 Will a Fourth DUI be a felony in Washington State?

Maybe soon. Current Washington State law is that a fifth DUI within 10 years is a felony. There is a proposal this 2015 legistative session to make a 'fourth DUI a felony. See  story http://www.komonews.com/news/local/Bill-would-make-4th-offense-DUI-a-felony-in-Wash-state-289354051.html  

Posted at 02:39 PM in Changes to the Law , Current Affairs | Permalink

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Felony DUI Law Coming to Colorado?

Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony.  A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole.  The fine also ranges from $2,000 to $500,000!

The new proposal calls for felony charges in the event that a driver racks up three DUI convictions in a seven-year period, or fourth DUI conviction in a lifetime.  It is important to understand that not all of the offenses have to occur in Colorado.  If the 3rd offense within 7 years or the 4th in a lifetime occurs in Colorado, this new felony law would apply to you, if the law is passed.  Additionally, the bill would require convicted drunk drivers to have their cars installed with ignition interlock devices for a minimum of five years.

“Right now, Colorado is one of the few states that does not have a felony DUI law,” District 63 Representative Lori Saine tells the news source. “Right now, your third DUI is the same as your 10th, the same as your 16th, the same as your 20th and so on.”

Currently the maximum penalty for a 3rd offense in 7 years or a 4th in a lifetime is a minimum mandatory 60 day jail sentence in county jail with a maximum penalty of up to one year in county jail and the offense remains an unclassified misdemeanor.  This also includes a minimum mandatory 2 years of probation with a maximum of 4 years and if you fail to complete probation successfully, there is another one year of county jail hanging over your head and that one year can be imposed on top of the original sentence.  So a driver convicted of a 3rd or subsequent alcohol-related offense in a lifetime does face up to 2 years in jail upon conviction and if they fail to successfully complete probation. 

As Stan Garnett, District Attorney for Boulder County, points out, many drivers convicted of DUI “usually drive impaired dozens of times before they are caught,” and while most convicted drivers may straighten out after the first offense, those who do it repeatedly present “a significant public safety risk.” Saine adds that her constituents have pushed hard for this bill precisely because of so many drivers in Weld County who have accrued DUI arrests in the double digits.  Of course neither Saine nor Garnett have any statistics to support their statements and they fail to point out that this law was killed last year because of that exact reason.  There are no statistics to show that the creation or imposition of a felony DUI law has any impact on preventing or decreasing the number of DUI offenses being committed across the country.

The focus and efforts should be on getting repeat offenders the help and treatment they need to beat their addiction problem, rather than making them felons and clogging up our prison systems with these non-violent offenders.   

If you’ve been accused of driving under the influence, it’s essential to have an expert Colorado DUI lawyer from The Orr Law Firm by your side, to expertly defend you in court and mitigate the prosecution’s case as much as possible.  The penalties as they stand in Colorado today are very tough and can be life-altering for those charged or convicted.  The proposed changes in this bill will change the conversation from misdemeanor offender to felony offender and from jail to prison.  If you have questions about Colorado DUI law

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New Proposed Law Could Make 3rd DUI A Felony

Could A New Law In Colorado Make 3rd DUI’s In California A Felony?

There is a proposed new law being considered in Colorado, which would make a third DUI a felony. Representatives of Weld County are reintroducing a bill that would make a third offense for driving under the influence a felony. If this law passes, and the results prove to be beneficial to the public in reducing DUI’s, it could have an impact on other states, including California. The proposed law would allow prosecutors to seek class 4 felony charges for people charged with their third DUI within seven years or their fourth during any time period. If passed, the bill would also lengthen the time period convicted drunk drivers are required to have interlock devices installed in their vehicles. Rather than one year, it may be as many as five years.

It appears that Colorado is cracking down in a serious way on people who drive while intoxicated. California, Orange county specifically, is extremely strict when it comes to DUI and thus, may be watching Colorado carefully to see how this all plays out. Orange County is continually trying to come up with new ways to seek out and crack down on individuals who drive under the influence of alcohol or drugs.

Currently, in California, all DUI’s are misdemeanors unless they fall within one of three categories:

If an individual has any prior felony DUI charges on their record, a new DUI will be a felonyA fourth DUI within a 10 year period of timeIf, due to an individual’s driving under the influence, any person other than the defendant suffers any injuries.

A conviction for a 3rd DUI in California may include the following:

Fines ranging anywhere from $390.00 to $1,000.00 (fees and enhancements may also be included)The Court can impose 120 days in jail or, up to 1 year. Orange County typically requires jail time on a 3rdFive years probation18-month DUI classes.An individual convicted for a 3rd DUI will also be required to install an ignition interlock device in their car and face a three year license suspension.

Although Orange County is extremely strict when it comes to DUI’s, an aggressive DUI defense attorney may be able to work out alternative sentencing, which may include community service and/or house arrest.  People often feel that there is nothing that they can do if arrested for DUI.  Although this is sometimes the case, having a good DUI defense attorney look at your case may make a big difference.  He or she will know what to look for when it comes to police officer conduct and violation of rights.  Also, having the representation of a well respected and experienced attorney often times can help to minimize the severity of the punishment.

If you or a loved one has been arrested for driving under the influence, it is extremely important to consult with an experienced DUI defense lawyer before going to Court.

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Will Colorado’s Felony DUI Bill Reduce Drunk Driving?

In January, Colorado lawmakers will consider a new DUI bill (HB 1036) making repeat DUI offenses a felony. Currently, Colorado is one of just five states plus the District of Columbia without a felony DUI law. DUIs in the state are treated similarly in the eyes of the court whether it is a first or tenth offense.

Recent news about Denny Lovern, who racked up 16 DUI convictions in 30 years, has raised concerns that the state legislature hasn’t done enough to address serial drunk driving. If passed, the new law would create minimum jail sentences for drunk drivers with three or more offenses in the last five years.

Similar Colorado bills have failed in the past. Some debate whether a felony DUI bill would really make a difference in preventing impaired driving. They claim that some individuals will drive drunk no matter how severe the proposed punishment. And they point to figures from the National Highway Traffic Safety Administration (NHTSA) showing that while alcohol-involved highway deaths increased in 2012 (the latest year for which state-level data is available), DUI deaths decreased in four of the jurisdictions without felony DUI laws, including Colorado.

But supporters of the bill counter that a felony DUI law is about more than just dissuading potential drunk drivers or even punishing offenders—it is about public safety. Some believe putting hardcore drunk drivers behind bars is the only way to take people like Lovern off the road to keep them from injuring or killing others. Without the option of a felony DUI, the prosecutor in Lovern’s case is using charges like attempted first-degree assault and attempted manslaughter to try to obtain a jail sentence.

Why hasn’t a felony DUI law been passed in Colorado? Many believe it has to do with the high cost of incarceration, as well as a preference for treatment. However, treatment and punishment are not exclusive to one another and a felony DUI bill may give prosecutors and judges more choices for handling repeat offenders.

Do you think felony DUI laws and mandatory incarceration help reduce intoxicated driving, or do states need to focus on other options to deal with extreme repeat offenders?

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Sep 8, South Carolina man charged with two counts of felony DUI

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Is a DUI in Florida a Misdemeanor or a Felony?

Although the vast majority of DUI cases are charged as a misdemeanor, the answer to that question ultimately depends on a host of factors. In fact, we have counted at least 15 different ways that a DUI could be charged.

Below is a quick summary of the statutory maximum penalties allowed under Florida law for different types of DUI charges.

First DUI – a misdemeanor with a maximum of 6 months in jail.DUI with a child in the vehicle – a misdemeanor with a maximum of 9 months in jail.DUI with a breath or blood alcohol concentration (BAC) over .15 – a misdemeanor with a maximum of 9 months in jail.Second DUI outside of five years – a misdemeanor with a maximum of 9 months in jail.Second DUI within five years – a second DUI within five years of a prior conviction is a misdemeanor with a maximum of 9 months in jail. (unless it is also proven that the BAC is over .15 or a child was in the car – then the maximum is 12 months in jail).DUI with property damage (or non-serious personal injury) – a first degree misdemeanor with a maximum of 12 months in jail.Third DUI outside of 10 years – a misdemeanor with a maximum of 12 months in jail.Third DUI within 10 years – a third DUI can be charged as a felony if the third DUI arrest is within 10 years of any prior DUI conviction. A third DUI within 10 years of a prior is a third degree felony punishable by up to five years in prison.Fourth or Subsequent DUI – any fourth DUI can be charged as a third degree felony punishable by up to five years in prison.DUI with Serious Bodily Injury – a third degree felony with a maximum of five years in prison.DUI Manslaughter – a second degree felony with a maximum of 15 years in prison.DUI Manslaughter / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.Vehicular Homicide – a second degree felony with a maximum of 15 years in prison.Vehicular Homicide / Leaving the Scene – a first degree felony with a maximum of 30 years in prison.

Florida DUI Penalties – Visit the website for the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to learn more about the statutory maximum and mandatory minimum penalties for different types of DUI charges.

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How long can you get for a Felony DUI?

Sarah asked me a question about DUI: How long can you get for a Felony DUI?

More precisely:

"My friend was arrested for a first offense DUI and there was property damage involved. He has no license and he also resisted arrest. My question is, how much time will he get? This is in the state of California."

The answer should be following:

It depends if it is your first DUI. If it's a felony and not your first DUI, then you can get up to 60 days in jail. My second DUI was a felony and I got 35 days in jail.

Best regards,

Peter Drill

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Felony Drug Charges May Be Dropped Against Mom Who Grew Marijuana For Son’s Use- Attorney Sam’s Take

We haven’t talked about drug cases for awhile. As you know, possession of a small amount of marijuana has been decriminalized. However, that does not mean that having it is now problem free.

Confused?

Well, it depends on the circumstances in which you possessed it. For example, if there is even the hint that you might be sharing or otherwise distributing pot you are going to be charged with possession with intent to distribute.

And then there was the case of Ms. Sue Thayer, 65 (hereinafter, the “Defendant”) She was charged with felony drug charges when it was discovered that she was growing marijuana. Apparently, she was growing it for her son.

In 2007, the Defendant was charged with possessing more than 25 pot plants. She said she grew the plants out of necessity because the marijuana improved the appetite and general condition of her son, who suffered from chronic wasting.

She tried a defense of "necessity". It did not fly.

Fortunately for the Defendant, however, prosecutors, and the court of course, had a heart. They have now agreed to refer her to court diversion. If she completes it, the charges against her will be dismissed.

I have handled drug cases of all sorts in my 25+ years as attorney in the criminal justice trenches. The realization that drug crimes are often a result of illness and addiction is an area in which many courts have begun to react to reality and try to actually do some good. Unfortunately, it seems that the more this happens, the more politicians change laws to prohibit anything but long term prison sentences for nonviolent drug crimes.

Which way is the pendulum really swinging? I’m not sure…what day is it today?

Usually, at least in Massachusetts, diversion programs like the one here is reserved for kids who have “strayed off the path” and are considered redeemable. Additionally, many states have eased the handling of “medical marihuana” cases. However, those are usually cases in which the pot is actually prescribed by a physician.

This is an interesting case in that the marihuana plants are not being grown by the user. They are being grown by the Defendant to then give to her son. That “giving” is technically a sale and could be prosecuted as such.

One would hope that the government has become involved in some other kind of treatment for the son, assuming that this avenue of treatment has now been closed.

Generally, though, it is a mistake to rely upon goodwill of the prosecution when facing drug charges. Get an experienced criminal defense attorney. Such an attorneysshould have the experience to get whatever kind of goodwill is out there…and, maybe, create some that isn’t there at first.

If you want to contact me to discuss such a case, please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original story, and charming photograph about which parts of this blog were based, please go to : http://mobile.boston.com/art/30/news/local/vermont/articles/2011/01/18/mother_avoids_trial_on_marijuana_charges/

View the original article here

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