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WA state DUI questions

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HHH555

Junior Member
What is the name of your state (only U.S. law)? Washington

I recently got arrested for DUI. I had one when I was 18 in 2001, but got diversion and it's (i thought) not on my record at all. It did not show up when the police officer searched me anyway. However she asked if I had ever been arrested for DUI before and I said yes. At my arraignment today, the prosecutor asked for the judge to require interlock since it's my second offense. He obliged, and I don't mind that too much. I live in walking distance of work and can just not drive for a while. License is getting suspended anyway. My question is this: My lawyer is trying to get me diversion. I hear it's harder the second time around, but it was almost twelve years ago, and I thought DUIS only stay with you for seven years when actually convicted, and I wasn't. I understand I will be seeking a NEG 1 this time and curious if that would be a possibility with having had the previous diversion? Some details: I blew a .105, nothing horrible, just turned into the far lane at a stop light instead of the closer one. I was totally coopoerative with the officer and this is in her report.

I know it's really dependent on the prosecutor and the judge, but is it very likely that I'll get another diversion? I can answer any questions if there's not enough info here.

Thanks.
 
Last edited:


FlyingRon

Senior Member
The seven year washout only means they don't have to charge it as a second offense. Diversion is always discretionary on the court's part. Your lawyer would have a better answer as to what your chances are than we would.
 

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