During a Washington criminal sentencing proceeding, an offender generally cannot challenge the constitutional validity of a previous conviction. If, however, a conviction that is “constitutionally invalid on its face,” the court cannot consider it during sentencing. A Washington appeals court recently considered whether a defendant’s prior conviction was facially invalid…
Two bills in the Washington legislature propose significant changes to Washington’s impaired driving laws. SB 5002 proposes to lower the legal limit for a driver’s alcohol concentration. SB 5032 would extend the felony DUI lookback period and create a sentencing alternative for certain impaired driving convictions. If passed, SB 5002…
A DUI in Washington is generally a gross misdemeanor, but it can be elevated to a felony if the defendant has three prior offenses, as defined under the statutes within the past 10 years. RCW 46.61.502. RCW 46.61.5055 sets out which convictions qualify as prior offenses, including reckless driving if…
The Washington State Constitution recognizes a privacy right and prohibits disturbance of that privacy without authority of law. When a driver is arrested for driving under the influence, the vehicle must be impounded pursuant to RCW 46.55.360. A defendant recently challenged the impound statute as a violation of the Washington…
To convict a defendant of vehicular homicide in a Washington criminal case, the state must prove that the defendant’s conduct was the proximate cause of the victim’s death. In Washington law, the term “proximate cause” includes both actual cause and legal cause. In a recent case, a defendant challenged his…
Defendants in Washington criminal cases often challenge the evidence used against them. One way to challenge evidence is to challenge the validity of the search warrant used to obtain it. When a court issues a search warrant, it must determine there is probable cause based on the facts presented to…
Photo Credit: Paul Biryukov / Shutterstock.com A misdemeanor Washington DUI can be elevated to a felony under some circumstances, including a prior conviction for “[v]ehicular assault while under the influence of intoxicating liquor or any drug.” To elevate a charge, the state must prove the existence of the conviction and…
Washington DUI defense attorneys often have to fight vigorously to ensure they get information from the State. In DUI cases, the State sometimes fails to name the toxicologist who will testify until very close to the trial. In one particularly egregious case, the prosecution provided a list of potential witnesses…
Article I, section 7, of the Washington Constitution provides that “No person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Washington criminal defense attorneys know that the privacy protections of section 7 provide greater coverage than the Fourth Amendment of the U.S. Constitution…
Individuals are protected from unreasonable seizures by both the U.S. and Washington Constitutions. Warrantless seizures are unreasonable unless an exception applies, and it is the state that must establish that an exception exists. A traffic stop is considered a seizure. For a warrantless traffic stop to be constitutional, there must be…