The exact answer to this question depends on several factors, including whether your DUI case is still pending in Washington and if this is your first DUI charge. Washington State has some of the toughest DUI laws in the country. The criminal penalties for a conviction of driving under the influence are severe. Washington imposes mandatory minimum sentences for DUI convictions with one year being the maximum jail term for a misdemeanor DUI.
If the judge finds any “aggravating factors” present during the commission of the offense, (i.e. you caused an accident or had children in the vehicle), they can sentence you to a jail term that is longer than the mandatory minimum. The mandatory minimum jail term for a first time dui is l to 2 days, depending on whether you took the breath test and what your blood alcohol level was. It is extremely important that you contact an experienced Washington DUI attorney to discuss your case in order to avoid serving more time than necessary for a DUI conviction.
Can I Move if My DUI Case is Still Pending in Washington?
You may be able to move to another state with a pending DUI charge in Washington. In some cases you may need court approval or approval from a probation officer to move. so. In most cases, a condition of your probation or bond is that you do not leave the state; however, if you can show good cause for moving the court may approve your request to move provided you appear at all future hearings and complete all obligations with regard to the DUI in Washington.
It is best to consult with a DUI defense attorney prior to taking any action to ensure you will not be violating the terms of probation or your bond. An attorney is also extremely helpful if you must petition the court for approval to move to another state while your DUI case is pending.
I Have Been Convicted of a Washington DUI – Can I Move to Another State?
If this was your first DUI conviction in any state, you are probably free to move without court approval. However, if this is your second or subsequent conviction or you have a prior DUI conviction and you entered deferred prosecution, moving to another state is much more difficult and more likely than not, you will need court approval.
The Interstate Compact for Adult Offender Supervision (ICAOS) is an agreement between states that monitors the movements of certain convicted offenders. If you are on probation for your second DUI conviction or you are under a deferred prosecution agreement with a prior DUI conviction, you must have permission from your probation officer and permission from the probation department in your new state before you can move. Because you do not want to jeopardize your probation, it is best to consult with an experienced DUI lawyer before taking steps to move to another state while you are on probation.
Experienced Tacoma, Washington DUI Attorney
Are you facing a Washington DUI? If so, we can help. Barbara Bowden has 25 years of experience defending DUI charges. She has assembled an exceptional team of legal professionals at The Law Offices of Barbara A. Bowden who understand DUI laws in Washington and use that knowledge and their experience to get your charges reduced or dismissed. Call our office any time of the day or week, or fill out an appointment request form online to schedule an appointment. We are here to help you with strong legal representation when you need it the most. Contact us today.
