In Washington, you cannot vacate any crime for driving under the influence of alcohol or driving under the influence of drugs (DUI).
You also cannot vacate the crime of “physical control” of a motor vehicle under the influence, a similar type of crime. Unlike DUI, you can be convicted of physical control even if you weren't driving the vehicle.
I was charged with DUI but I pleaded guilty to a reduced charge? Can I vacate my conviction?
Maybe.
Sometimes the prosecutor will reduce your DUI to a lesser crime such as reckless driving or negligent driving in the first degree. This typically happens if you have a good record and don't have any prior DUI or other alcohol-related crimes.
If you are convicted of a non-DUI charge—even if you were originally charged with DUI—you can vacate your conviction, but only under the following circumstances:
- Ten (10) years have passed since you were arrested for DUI
- You have not had a new “alcohol or drug violation” within the past 10 years
Keep in mind that, under the the state's DUI statute, an “alcohol or drug violation” does not necessarily mean a new DUI or even a new crime.
An "alcohol or drug violation," for example, could be a drug offense (i.e. possession of drug paraphernalia) or a non-criminal alcohol infraction such as having an open container of alcohol in a vehicle while driving on a highway.
