1 Seattle DUI Guys DUI Defense Resource Package Everything You Ever Wanted to Know About Your DUI Charge by Christopher Small of the Seattle DUI Guys
2 Everything You Ever Wanted to Know About Your DUI Charge By Christopher Small Seattle DUI Guys CMS Law Firm LLC This guide is dedicated to all of our clients, past, present, and future. A DUI charge doesn t have to, and shouldn t ruin your life. We re here to make just a blip on the radar. The information contained in this guide is for informational purposes only. You have not hired us to be your attorney until we have agreed to undertake your case. Any legal or financial advice that we give is for informational purposes only and should not be relied upon until we speak about your case specifically. You should always seek the advice of a lawyer before acting on something in this ebook. The material in this guide may include information, products, or services by third parties. We do not assume responsibility or liability for any Third Party material or opinions. The publication of such Third Party materials does not constitute our guarantee of any information, instruction, opinion, products, or services contained within the third party material. Publication of third party material is simply a recommendation and an expression of our own opinion of that material. No part of this publication shall be reproduced, transmitted, or sold in whole or in part in any form, without the prior written consent of the author. All trademarks and registered trademarks appearing in this guide are the property of their owners. Users of this guide are advised to do their own due diligence when it comes to making decisions and all information, products, services that have been provided should be independently verified by your own qualified professionals. By reading this guide, you agree that myself and my company is not responsible for the outcome of your case relating to any information presented in this guide.
3 Everything You Ever Wanted to Know About Your DUI Charge I wrote this guide because I know how scary it can be to be arrested for a DUI. You have probably never been in trouble before, and you re scared about what s going to happen. Questions are running through your head like: Will I have to go to jail? Will I lose my driver s license? Am I going to have to have an ignition interlock device? How much money is this going to cost? Could I lose my job? What is my family going to think? How am I supposed to know who is qualified to help me? Well, I ve got good news for you. By the time you are done reading this all of your questions will be answered, except one. I can t tell you in this guide how your specific case is going to turn out. I don t have enough information to do that. If you want to talk more about your case specifically just call us at to schedule a free consultation. Thank you for reading. When you are done most of your fears should be gone. And I hope when you think about hiring a DUI attorney you consider the Seattle DUI Guys to help you out.
4 Table of Contents 1. What You Need to Know Now? 2. DUI Charge Overview 3. The Department of Licensing 4. The Criminal Process 5. Potential Resolutions 6. Alcohol Assessment 7. Frequently Asked Questions 8. What to Do Next
5 Chapter 1: What You Need to Know Now? 1. Your Driver s License The first thing you need to know is this your driver s license is still valid. If you are looking at this and 20 days have not passed since you were arrested, you re driver s license is still valid, even if a hole was punched in it. But, there are some things you need to know. 1. The Department of Licensing is trying to take your driving privileges; 2. The prosecutor is or soon will be trying to take your money and your liberty; 3. There are things you can do now to affect the outcome of your case. 2. When Criminal Charges will be Filed The second thing you need to know is that unless you were arrested by City of Seattle cops you are probably not going to have a court date for 4-6 weeks. But just because you don t have court doesn t mean you don t have things you need to take care of. There are important dates you need to know to have a chance to keep your driver s license. Keep reading to learn about the responsibilities you have today. There is Some Good News, Though The good news is, a DUI charge is not the end of the world for most of you. Yes, if you don t take care of it the right way, if you get some
6 sucker on your team that won t fight for you, it can make a big difference for you, but at the end of the day on the road of life this is going to be a speed bump. But wouldn t it be nice if this speed bump was so small you couldn t even feel it? So, What Now? Keep reading to learn everything you need to about your DUI charge.
7 Chapter 2: DUI Charge Overview The Basics 1. What is DUI? There are four main ways you can be convicted of DUI: 1. You had a breath test that is.08 or higher; or 2. You had a blood test with 5 or more nanograms of THC; or 3. Your ability to drive was impaired by alcohol or drugs; or 4. Your ability to drive was impaired by alcohol and drugs. It s because of these four ways that even if your breath test was under.08 you can still be charged with DUI. I ve seen DUI s charged with a breath test reading as low as.04! 2. DUI Punishment DUI, or driving under the influence, is a gross misdemeanor in the State of Washington. Gross misdemeanors are defined by their maximum punishment 364 days in jail and a $5000 fine. For most gross misdemeanor offenses, the maximum penalty is never reached. In fact, in most cross misdemeanor cases the punishment is dropped down to no jail time and only a minimal fine. For most gross misdemeanors there is no limit to how low the punishment can go. BUT, when you are charged with DUI, the minimum penalty is
8 taken out of the judge s hands. If you are convicted of DUI, the judge must sentence you to a minimum of punishment. For example, the mandatory minimum punishment for someone that registers a breath test reading of.12 is: 24 consecutive hours in jail; 90 day driver s license suspension; $ fine, costs and assessments; 1 year ignition interlock requirement 3 year SR22 car insurance requirement 5 years probation The court has created a grid outlining the mandatory minimum sentences for all DUI circumstances. To see that grid, click click here. Your Final Punishment, though, is Not Set in Stone Just because you are charged with DUI doesn t mean your case is going to end with a DUI conviction. There are a bunch of things that go into it, but hiring the right DUI attorney is a great start toward staying out of jail and keeping your license. We ll talk more about the potential ways to resolve the case in a little bit (just keep reading). The point I want to make right now is simply that this can end well for you. You do not have to go to jail.
9 Chapter 3: The Department of Licensing (DOL) When the Legislature wrote the DUI laws they didn t think requiring a full day in jail and a one year ignition interlock device was enough. No, they wanted two shots at taking your driver s license away. Enter the Department of Licensing hearing. Your Agreement with the Department of Licensing When you get a Washington driver s license, or when you drive in the State of Washington with an out of state driver s license, you are making a deal with the State of Washington. In exchange for the privilege of driving in the state you are agreeing not to drive with a breath test level that is above.08 or refuse a reasonable request for a breath test. If you violate either of those two conditions the State has the authority to suspend your driver s license. BUT, and this is a big but, they must give you the opportunity to contest your driver s license suspension if you want to. This is called due process. To contest your driver s license suspension you must request a hearing within 20 days of the date you took or refused to take the breath test AND pay a fee of $375. If you do this the DOL will set a hearing to determine whether or not your driver s license should be suspended. 3 Things You Must Know About the DOL Hearing Before I get going I wanted to tell you the three most important pieces
10 of information you need to know about the Department of Licensing hearing. 1. There is no negotiating. Either you win or you lose; 2. The outcome of this hearing has no effect on your DUI charge, and vice versa; and 3. You can win this. It is important to fight this suspension. Now that you ve got that information, let s get into some of the details. To Get the Hearing You Must Follow the Rules Before I even talk about what you are facing with the Department of Licensing I want you to do one thing, probably the most important thing you are going to do right now with respect to your DUI arrest. Take out your calendar and count 20 days from the date of your arrest. Don t skip any days. That is the final day you can fight the Department of Licensing from suspending your driver s license. You Can Get a Copy of the Hearing Request Form HERE Driver s License Penalties The length of suspension that you receive under these circumstances depends on the number of times you have received a department of licensing suspension. Those penalties have been outlined in a chart by the Department of Licensing. CLICK HERE to See the DOL Suspension Grid
11 How to Keep Your Driver s License There is one way to keep your driver s license contest the suspension and win the hearing. It can be done. Let s talk about how. As we discussed above, you have 20 days from the date of your arrest to contest your driver s license suspension. If you do that, a hearing date will be set to determine whether or not the suspension will stand. These hearings can be won. But, you ve got to know what you are doing. As we talked about above, there is no negotiation here. You either win or you lose. And whether or not you win or lose depends on whether or not you can invalidate the test results in some way at the hearing. The DOL Hearing Outlined The hearing itself is done by telephone. If you ve hired us to help you, you don t have to be present. At the hearing the hearing officer examines four issues: 1. Did the officer legally stop you? 2. Did the officer legally arrest you? 3. Were the implied consent warnings (what the officer told you before asking you to take the test) properly given? 4. Was the breath test properly administered? If we can convince the hearing officer there is a problem in one of
12 these areas, you win and get to keep your driver s license. The Good and the Bad about the DOL Hearing The bad thing about a DOL hearing: it s an up or down decision there is no negotiating. Either you win or you lose. The good thing about a DOL hearing: it s an up or down decision if certain criteria aren t met, no matter how small, you win. This means very technical problems are winners. For example, if certain boxes aren t checked, you win. Another good thing about the DOL hearing: if you lose, you can still drive a car during the time your license is suspended. To continue driving you will need to (in this order): 1. Get SR22 Insurance (discussed briefly HERE); 2. Get an ignition interlock device installed in your car; and 3. Apply for and receive an ignition interlock device (Get the application HERE). If you do those things you can drive during the license suspension, so long as the car you are driving is equipped with an ignition interlock device. But What if I have to Drive for Work? A common question we get is from people that have to drive work vehicles for work. If you have to drive for work (a work vehicle) and it s not a commercial vehicle (doesn t require a commercial driver s license to
13 operate) you can do that so long as you: 1. Get the ignition interlock license as described above on your personal vehicle; AND 2. Get your employer to sign a declaration that you have to drive a car for work (click HERE to get the declaration).
14 Chapter 4: The Criminal Process The typical DUI case takes a fairly defined path. 1. Arraignment First, you are arraigned on the charge. This is your first court hearing. This hearing gets the case started. In most cases, the arraignment consists of you showing up, your attorney saying a few words, and you getting your next court date. If you have a history of DUI, or if you are in some specific courts (Seattle Municipal Court in particular), the arraignment can be more complicated. This is why it s important to have a DUI attorney on your side before you go to court you don t want to take any chances. 2. Pretrial Hearing The pretrial hearing is simply a status conference. At the pretrial hearing the prosecutor and your DUI lawyer let the court know if a resolution has been reached, if one is likely to be reached, or if the case needs to be set for motions and for trial. It is very typical for this hearing to be continued at least once, and often multiple times. Here s why. - Investigations Take Time. It can often take well over 30 days to get all of the evidence and go through it.
15 For example, at our office, we get video tape, we visit the scene, we interview witnesses, we look through breath test records, we review officer training records, and we review officer disciplinary records. And that s just a start. If that investigation turns up anything else we check it out. That takes time. - More Time Typically Equals Better Results The more time that passes often the better the case gets for us. Officers leave. Officers forget things. Prosecutors get tired of dealing with cases and want to get them off their plate. Eventually though, at this stage the prosecutor will give us their best and final offer. It s at that point that we have to decide if the case will be resolved or if moving onto the next stage, motions, is necessary. 3. Motions Our job as DUI defense attorneys is to find problems with your case and leverage those problems to get you the best result possible. Sometimes the prosecutors agree that there are problems those cases are resolved at the pretrial hearing - sometimes they don t. When a case can t be resolved a motions hearing is scheduled so the court can determine what evidence stays in and out of the case. At the motions hearing, we present evidence to the judge about your case, typically through live testimony (the cops come in and testify), and then ask the judge to decide if what the cop did was legal or not. If the cop did something illegal, we win (and that evidence is kept out). If the cop did everything correctly, we lose, and the evidence stays in.
16 If the prosecutor won t give us a good deal, we file motions and see what happens. Sometimes it gets us a better deal. Sometimes we win the case outright. Sometimes we don t. 4. Trial Almost everyone knows what trial is. If you don t pull up Law & Order on demand and watch an episode. A real trial is kind of like that, except it s a lot more boring, the prosecutors are never as good, and they last a couple of days instead of an hour.
17 Chapter 5: Potential Resolutions Many DUI Charges DO NOT End in DUI Convictions Just because you have been charged with a DUI does not mean you are going to be convicted of one. Many things affect the outcome of a case: the specific facts (including the breath test level); your criminal history (particularly any prior DUI convictions); and the ability of your DUI lawyer. For that reason, many DUI charges do not end in DUI Convictions. Potential Resolutions for Your Case Compiled below is a list, from worst possible resolution to best, of the potential ways your case can be resolved. Each carries with it some good things and some bad. 1. DUI with Breath Test Greater than.15 or Test Refusal Good Bad - There is no good here. - 2 Consecutive days in jail - $1100 fines, costs - 1 year license suspension - 3 years SR22 insurance - 2 year ignition interlock device - 5 years probation 2. DUI with Breath test.08 or Greater (or No Test ) Good Bad - If BAC test is over.15 can - 24 consecutive hours in jail lower punishment. - $ fine, costs - 90 day license suspension - 3 years SR22 insurance - 1 year Ignition interlock device - 5 years probation
18 3. Reckless Driving Good Bad - No mandatory jail - 3 years SR22 insurance - No 90 day DL suspension - 30 day DL suspension* - No ignition interlock requirement ** - Counts as prior if get 2 nd DUI - No mandatory fine - 2 years probation *If you lose your DOL hearing and receive a 90 day driver s license suspension, the 30 day reckless driving suspension merges with it (you are only suspended for 90 days). *If you win the DOL hearing and get a 30 day driver s license suspension here you can get an occupational license to drive for work or school purposes. No ignition interlock device is required for this. **If you have a prior DUI within 7 years (even if it was reduced to reckless driving or negligent driving 1 st degree) you will be required to have an ignition interlock device on your car for 6 months. 4. Negligent Driving 1 st Degree Good Bad - No mandatory jail - Counts as prior if get 2 nd DUI - No driver s license suspension* - No ignition interlock requirement* - No mandatory fine - No SR22 insurance* - 2 years probation *If you lose your DOL hearing you will still have a 90 day driver s license suspension and be required to carry SR22 insurance. **If you have a prior DUI within 7 years (even if it was reduced to reckless driving or negligent driving 1 st degree) you will be required to have an ignition interlock device on your car for 6 months.
19 5. Negligent Driving 2 nd Degree Everything is good about this one. It s just a traffic ticket (no criminal record). Total punishment is a $550 fine. 6. Not Guilty/Case Dismissed If you get this you walk away. No punishment. No history. No nothing. If you want this type of resolution I need to warn you you are going to have to fight for it. If you are up for the challenge, we are up for the challenge.
20 Chapter 6: Alcohol Assessment If you are charged with an alcohol or drug related offense in Washington State the judge won t finish your case until you ve gotten an alcohol assessment. The point of requiring the assessment is not to punish you but to try to identify people that may or do have a substance abuse problem and get them help. The only way to find those people is to have everyone get an assessment. There are a couple of ways to mess these, up, though, so read the information below. A bad evaluation can make deal making that much more difficult. Alcohol Assessment Step 1: The Evaluation 1. It s best to make an appointment for the evaluation within two weeks after your arraignment. This gives the agency enough time to complete their report and it gives you enough time to get a second opinion is one is needed. a. Where to get the assessment? There are many different agencies out there, some with great reputations, others with less than great reputations. Click here to see our recommendations. 2. What to bring to the assessment: a. Copy of your driving record; b. Copy of your criminal history; and c. Copy of the police report. 3. The evaluation takes about 60 to 90 minutes. Part of the evaluation is filling out a questionnaire. Part of the
21 evaluation is a short interview. The last part of the evaluation is a drug test. DON T FAIL THE DRUG TEST! DO NOT SIGN A RELEASE TO ANYONE BUT US! Remember, alcohol can stay in your system for up to 48 hours. Most recreational drugs will show up in drug tests for 30 days. Alcohol Assessment Step 2: The Results Based on the assessment, the evaluator will place you into one of four categories. The category you fall into determines the level of treatment, if any, that you will need to complete. Here are the 4 categories, summarized: 1. NSP = NO SIGNFICANT PROBLEM This diagnosis is the minimal level of intervention that can be ordered. All that is required is alcohol drug information school (ADIS) and a DUI victim s impact panel. 2. EIE = EARLY INTERVENTION EDUCATION This diagnosis requires a finding that you abuse alcohol and/or drugs on an intermittent basis, not on an isolated basis and not regularly. This typically requires two to six months of education. 3. SP1 = SIGNIFICANT PROBLEM LEVEL 1 This diagnosis requires a finding that you abuse alcohol and/or drugs regularly but you are not yet addicted. This typically requires 6 months to 1 year of treatment. 4. SP2 = SIGNIFICANT PROBLEM LEVEL 2 This diagnosis requires a finding that you are addicted or well on your way to being addicted to alcohol and/or drugs. This typically requires an intensive 2 year treatment program.
22 Chapter 7: Frequently Asked Questions These are, in my experience, the 5 most frequently asked questions related to a DUI arrest. If you have more questions, call us. 1. Is my driver s license suspended right now? No. Your driver s license is not suspended right now. If you took a breath test and registered over.08 or refused a breath test, however, you are at risk for losing your license. Click here to learn more about how to prevent the loss of your driver s license. 2. What is the likelihood of getting a good deal? In a DUI case, getting a good deal depends on 4 factors: 1. Your criminal history (more history=worse deal); 2. The facts of your case (accident, your behavior, etc.); 3. Your breath test results (or refusal); and 4. The problems your DUI lawyer can find with the case. This is why it s important to hire a good DUI lawyer they can make a difference in the outcome of your case. Click here to see the potential resolutions in your case. 3. I have never been in trouble. Will that help me? Your criminal history is a factor in the outcome of your case. However, it is not typically given a great amount of weight. Of the 4 factors listed above, it is probably the factor that carries the least amount of weight.
23 4. When should I hire a DUI attorney? You should hire a DUI attorney as soon as you can. There are 3 reasons for this: 1. They can start to gather information that may be lost if not requested early in the process; 2. You can have the peace of mind of knowing you have someone on your side; and 3. If you have any questions, you ve got someone to answer them. 5. How much is a DUI attorney going to cost? The price of a DUI attorney varies widely. I know of attorneys that charge $10,000 for a case, and I know attorneys that charge significantly less than that. At our firm, we price our services based on the value we think we are providing you. And in most cases we believe we are providing significant value. You ve already seen all of the work that goes into each and every one of our cases and you ve seen the systems we ve set up to ensure that your experience with us is like nowhere else. But that doesn t mean our fees are astronomical. Not at all. Our fees are very competitive, and when you consider the stakes involved (jail, loss of driver s license, thousands of dollars in fines and fees, and your time spent going to court and thinking about this) I m confident you ll be pleased with what we require to help you. If you want to know exactly what we charge call today to set up a free consultation
24 Chapter 8: What to Do Next? 1. Call Us to Schedule Your Free Consultation. The clock is ticking. We could be working on your case right now. You could sleep at night knowing you ve got someone on your side that cares about your case and is going to do their best for you. But the only way we can get started is if you call. So don t wait. Call today I look forward to talking to you and helping you take care of your case.
25 DUI Sentencing Grid DUI Attachment: Driving under the influence of alcohol and/or actual physical control of a vehicle while under the influence of alcohol and/or drugs. (If required, attach to Statement of Defendant on Plea of Guilty.) BAC Result <.15 or No Test Result No Prior Offense 1 One Prior Offense 1 Two or Three Prior Offenses 1 Mandatory Minimum/ Maximum Jail Time 2 24 Consecutive Hours/365 Days 30/365 Days 90/365 Days EHM 2 15 Days in Lieu of Jail 60 Days Mandatory 120 Days Mandatory Mandatory Minimum/ $865.50/$5,000 $1,120.50/$5,000 $1,970.50/$5,000 Maximum Fine 3 Driver's License 90-Day Suspension 2-Year Revocation 3-Year Revocation II Driver s License* II Device Required Required Required Alcohol/Drug Ed. or Treatment As Ordered As Ordered As Ordered * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 4. BAC Result.15 or Test Refusal No Prior Offense 1 One Prior Offense 1 Two or Three Prior Offenses 1 Mandatory Minimum/ 2 Consecutive/365 Days 45/365 Days 120/365 Days Maximum Jail Time 2 EHM 2 30 Days in Lieu of Jail 90 Days Mandatory 150 Days Mandatory Mandatory Minimum/ $1,120.50/$5,000 $1,545.50/$5,000 $2,820.50/$5,000 Maximum Fine 3 Driver's License 1-Year Revocation 2 Years if BAC refused 900-Days Revocation 3 Years if BAC refused 4-Year Revocation II Driver s License* II Device Required Required Required Alcohol/Drug Ed. or Treatment As Ordered As Ordered As Ordered * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 4. Jump back to information.
26 Court Ordered Ignition Interlock Driver s License and Device Requirements, RCW (2), (5), Requirement No Previous Restriction+ Previous 1-Year Restriction+ Previous 5-Year Restriction+ II Driver s License II Device 1 Year 5 Years 10 Years + Period of time for ignition interlock restriction is pursuant to RCW (5)(g). * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 4. Requirement Department of Licensing Required Ignition Interlock Device Requirements, RCW (3)(4) No Previous Restriction no less than: Previous 1-Year Restriction no less than: II Device 1 Year 5 Years 10 Years Previous 5-Year Restriction no less than: Restriction remains in effect, until IID vendor certifies to DOL that none of the following incidents occurred within four (4) months before date of release: an attempt to start the vehicle with a BAC of.04 or more; failure to take or pass any required retest; failure of the person to appear at the IID vendor when required. * See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 4. 1 Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within seven (7) years before or after the arrest date on the current offense. RCW (14)(b); Seattle v. Quezada, 142 Wn.App. 43, 174 P.3d 129 (Div ). Prior offense is defined by RCW (14)(a) to include Original Convictions for the following: (1) DUI (RCW ) (or an equivalent local ordinance); (2) Phys. Cont. (RCW ) (or an equivalent local ordinance); (3) Veh. Homicide (RCW ) or Veh. Assault (RCW ) if either committed while under the influence; (4) Equiv. out-of-state statute for any of the above offenses. Deferred Prosecution Granted for the following: 1) DUI (RCW ) (or equivalent local ordinance); (2) Phys. Cont. (RCW ) (or equiv. local ordinance); (3) Neg. Driving 1st (RCW , or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW ) or Veh. Assault (RCW ). See Bremerton v. Tucker, 126 Wn.App. 26, 103 P.3d 1285 (Div ); Seattle v. Quezada, 142 Wn.App. 43, 174 P.3d 129 (Div ) (a revoked deferred prosecution only counts as one prior offense). If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in RCW (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing. Amended Convictions for the following: If the person was originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Homicide (RCW ) or Veh. Assault (RCW ) (1) Neg. Driving 1st (RCW ), (2) Reckless Driving (RCW ), (3) Reckless Endangerment (RCW 9A ), (4) Equiv. out-of-state or local ordinance for the above offenses. See, Walla Walla v. Greene, 154 Wn.2d 722, 14, 116 P.3d 1008 (2005).
27 2 Mandatory Jail and Electronic Home Monitoring (EHM): If there are prior offenses within seven (7) years before or after the arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum statutory term and may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender s physical or mental well-being. The mandatory statutory term may not be converted to EHM. Bremerton v. Bradshaw, 121 Wn.App. 410, 88 P.3d 438 (Div ). Where there are no prior offenses within seven (7) years, the court may grant EHM instead of mandatory minimum jail. If there are prior offenses, the mandatory EHM may not be suspended or deferred unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender s physical or mental well-being. RCW (1)(a)(i), (2)(a)(i), (3)(a)(i). Mandatory Conditions of Probation for any Suspended Jail Time: The individual is not to: (i) drive a motor vehicle without a valid license to drive and proof of financial responsibility (SR 22), (ii) drive while having an alcohol concentration of.08 or more within two (2) hours after driving, (iii) refuse to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. Except for ignition interlock driver s license and device or alcohol monitoring requirements under RCW (5), violation of any mandatory condition requires a minimum penalty of 30 days confinement, which may not be suspended or deferred, and an additional 30-day license suspension. RCW (11). Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL. RCW Mandatory Monetary Penalty: PSEA 1, RCW (1); Alcohol Violators Fee, RCW ; Criminal Justice Funding (CJF) Penalty, RCW (Note: RCW (1) and (2) apply to CJF penalty); Criminal Conviction Fee, RCW Felony DUI and Felony Physical Control: With four (4) priors within ten (10) years, or one (1) prior conviction of Veh. Homicide or Veh. Assault (see above), a current offense is a Class C Felony punished under Chapter 9.94A RCW. Within ten (10) years means that the arrest for the prior offense occurred within ten (10) years before or after the arrest for the current offense. RCW (14)(c). Jurisdiction: Court has five (5) years jurisdiction. Jump back to information.