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In a recent case (City of Bremerton v. Rochelle Bright), the Washington Court of Appeals ruled that a DUI conviction cannot be vacated under RCW 9.96.060, even if the individual has met all the other criteria for vacating a misdemeanor or gross misdemeanor conviction. The decision clarified the interpretation of RCW 9.96.060(2)(d) and its application to DUI cases in Washington. This ruling is essential for anyone facing DUI charges or seeking to vacate a DUI conviction in Washington State.

Case Background:

Rochelle Bright was convicted of driving under the influence (DUI) in September 2011 under RCW 46.61.502. In 2022, she filed a motion to vacate her DUI conviction, arguing that she met the requirements set forth in RCW 9.96.060(2). The Bremerton Municipal Court denied her motion, and she appealed to the superior court, which reversed the denial and remanded the case for reconsideration. The City of Bremerton then appealed to the Washington Court of Appeals, which ultimately ruled against Bright, stating that RCW 9.96.060(2)(d) explicitly prohibits vacating DUI convictions.

The Key Legal Issue:

The main legal question in this case was whether the language of RCW 9.96.060(2)(d) allows for the vacation of a DUI conviction. The statute governs the vacating of misdemeanor and gross misdemeanor convictions in Washington State. According to the statute, certain offenses, including DUI (RCW 46.61.502), are excluded from being vacated. The Court of Appeals applied a plain language analysis to interpret the statute, ruling that DUI convictions are ineligible for vacation, regardless of whether the individual has satisfied other statutory requirements.

For more details, you can read the full court opinion here.

Understanding RCW 9.96.060(2)(d) and its Impact:

RCW 9.96.060(2) outlines the criteria for vacating misdemeanor or gross misdemeanor convictions. It states that an applicant is not eligible to vacate a conviction if:

  • The applicant has not completed all terms of the sentence.
  • There are any pending criminal charges.
  • The offense was a violent crime as defined in RCW 9.94A.030.
  • The offense was a DUI under RCW 46.61.502 or RCW 46.61.504.

The Court emphasized that the plain language of RCW 9.96.060(2)(d) clearly precludes vacating a DUI conviction, even if more than ten years have passed since the offense and there have been no subsequent alcohol or drug violations. This interpretation affects many individuals in Washington seeking to clear their records of DUI offenses.

Implications for DUI Convictions in Washington State:

The ruling in City of Bremerton v. Bright has significant implications for people with DUI convictions. It underscores that the law in Washington State treats DUI offenses seriously, making it almost impossible to vacate such convictions. This decision also emphasizes the need to fully understand Washington’s DUI laws and their long-term consequences.

Blanford Law: Protecting Your Rights in DUI Cases

If you or a loved one is facing a DUI charge or needs legal advice regarding a DUI conviction, it’s crucial to consult with an experienced attorney. Blanford Law understands the complexities of Washington State’s DUI laws and can provide guidance on your legal options. Our dedicated DUI attorneys are committed to protecting your rights and advocating for the best possible outcome in your case.

Additional Resources

For further reading on legal topics related to Washington State law, here are some helpful articles:

  1. RCW 10.19.105: A Guide to Vacating Forfeiture Judgments in Washington State
    • This article provides a detailed guide to understanding RCW 10.19.105, which covers the process for vacating forfeiture judgments. It offers insights into how the law works and what steps are involved in seeking relief.
  2. DUI in Washington State: An Overview
    • A comprehensive overview of DUI laws in Washington State, including penalties, defenses, and legal options available for individuals charged with a DUI. This article is a must-read for understanding the complexities of DUI cases.
  3. Arrested for a DUI? We Will Fight for Your Rights
    • This article focuses on how Blanford Law fights for clients arrested for DUI in Washington State. It emphasizes the importance of a strong legal defense and explains the firm’s approach to protecting clients’ rights in DUI cases.
  4. Debunking 5 DUI Myths in Washington
    • Here, Blanford Law debunks five common myths about DUIs in Washington State. This article helps clarify misconceptions around DUI arrests, penalties, and legal strategies, providing valuable insights for those facing DUI charges.
  5. Balles Case: Washington Court of Appeals & the Blake Decision
    • This article discusses the Balles case and its connection to the landmark Blake decision by the Washington Supreme Court. It analyzes the legal implications of the decision and how it affects individuals convicted of drug possession under Washington law.

These resources offer a deeper understanding of DUI law, forfeiture judgments, and key legal cases impacting Washington State residents.

Why Choose Blanford Law?

  • Experience in Washington DUI Law: Our attorneys have in-depth knowledge of Washington’s DUI statutes, including RCW 46.61.502 and RCW 9.96.060.
  • Dedicated Legal Support: We provide personalized support and build a strategic defense for each client.
  • Proven Results: Our firm has successfully defended numerous clients in DUI cases throughout the state.

For more information on how we can help, contact Blanford Law at 253-720-9304 or email us at info@blanfordlaw.com. Read our reviews and see what clients have to say about their experiences with Blanford Law here.

Conclusion:

The City of Bremerton v. Rochelle Bright case serves as a critical reminder of the strict rules surrounding the vacation of DUI convictions in Washington. Under RCW 9.96.060(2)(d), vacating a DUI conviction is not an option, even if other conditions are met. This ruling impacts individuals looking to clear their records and emphasizes the need for professional legal representation when dealing with DUI-related legal matters.

For anyone facing DUI charges or seeking to understand the implications of a DUI conviction, consulting with an experienced attorney, such as Blanford Law, is essential. Our team is here to guide you through the complexities of Washington’s DUI laws and ensure your rights are protected every step of the way.