Governor Gregoire just signed into law SSB 5168, which changes the maximum sentence for WA gross misdemeanors from 365 to 364 days. This is critical for DUI defendants who may have immigration consequences, since DUIs are gross misdemeanors in WA. Previously, the 365 day sentence placed some DUI gross misdemeanors under the umbrella of federal immigration laws. Immigration laws classified gross misdemeanors as “aggravated felonies” merely due to the length of the sentence. Aggravated felonies are one prong of federal law that can cause automatic deportation in some cases. Some state and municipal courts in WA willingly amended agreements to 364 day sentences, but this was not practiced uniformly.
The WA State legislature overwhelming passed this law. The vote was 45-3 in the Senate and 93-2 in the House, with major support from both political parties. The legislature felt that there was a “disproportionate outcome” when compared with other individuals who were deported for actual felony offenses. The intent of the legislation was stated as being to “cure the inequity.” The new law will go into effect 90 days after this legislative session ends, but your criminal defense attorney can make arguments on your behalf now if there is an issue with your immigration status.
There is still a risk with immigration issues in some simple misdemeanor cases. Your defense attorney should carefully consider this when negotiating with prosecutors. Cristine Beckwith is a lawyer who has extensive experience both defending DUIs and fighting to protect the immigration status of clients with immigration issues.