[kendrajean]

In wa state what happens when someone on probation for a dui gets another within 3 months and has to go to a probation violation hearing?

[jmatthews80]

It's pretty hard to say, kendrajean. I live in WA and I've known quite a few people who have been through at least 1 DUI here, however I've never been present at a PV hearing for the specific case you're talking about.

A couple of things that probably need to be taken into account tho:

• Are these the only 2?
• Was the first a deferred? If so, the main risk there is that any remaining time for the original sentence that was NOT served can be ordered at the PV hearing.
• Is the defendant in treatment?
• Does the defendant have an ignition interlock?
• Is the second DUI charge still pending trial?

The best strategy I can recommend would be the treatment route. They seem to really love dependency counseling here in this state.

If the defendant already is attending treatment (i.e. weekly group meetings or "intensive outpatient therapy" which can be 3-5 nights a week) then it's important to engage the treatment counselor here. They are a certified professional who's opinion that the defendant merely relapsed due to the stress of the original DUI (or whatever) will weigh heavily with the court. They will also likely want to recommend some sort of increased level of treatment reporting or something like that, but that's the best for staying out of jail.

If the defendant's not currently in treatment, they should get into one immediately. They are all essentially the same - they will want to perform an alcohol & drug abuse evaluation which usually costs $75-$150 and takes a couple of hours, after which they will make a recommendation. This is usually weekly group meetings at a minimum, but also can be the "IOP" I mentioned above in lots of cases. The defendant shouldn't be concerned if IOP is recommended - it will not be 3-5 nights a week for a year, it will be only 1-3 months and then a counselor will typically "downgrade" a patient to weekly meetings.

Regardless of which of the above routes the defendant needs to go, I can't over-stress the fact that the best bet always will be to adopt the treatment mentality currently prevalent in the courts here. I'm the last person who wants to line the pockets of some "chemical dependency counselor", but the fact is that they're now almost as much a factor in the functioning post-sentencing in cases like DUI or simple drug possession as the DOC or probation departments. If the defendant is willing and able to start referring to the second DUI as a "relapse" with EVERYONE, and completely adopt that way of thinking ("I'm sick, I need help, etc..") it is often possible to avoid jail - even with prior offenses or other circumstances. Becoming a "relapse prevention" crusader (at least for one's self) and making a treatment facility/counselor a partner & champion for that cause is by FAR the best way to pass through the system here in Washington.

I ask about the ignition interlock because if one wasn't ordered from the first DUI, it almost certainly would be ordered with the judgement that will be entered on the second. If that's the case, the defendant can also offer to have one installed now, in support of "relapse prevention".

Regardless, I hope that the defendant in this case finds good fortune / God's blessing / etc in this situation and also hope that there will be ZERO drinking and driving from here on out. (Actually stopping drinking entirely will help that treatment ride a lot was well - they require it and it's hard to cheat.)

Best Regards,
JM