The Court of Appeals in Olympia, Washington decided that the DUI Prosecutors representing the State of Washington, failed to prove Oregon convictions qualified as prior convictions under Washington DUI Laws. Here's what the Washington Court of Appeals said in summary:
Raymond Arndt, Jr. appeals his sentence following his conviction for vehicular assault. He asserts that the sentencing court sentenced him based on an inflated offender score because the court erroneously included points for five prior Oregon convictions. We hold that the State met its burden to prove that the Oregon conviction for unauthorized use of a vehicle was comparable to a Washington offense. However, we hold that the State failed to prove that Arndt's Oregon convictions for attempted second degree assault, driving while under the influence of intoxicants (DUII), and third degree rape were legally or factually comparable to Washington offenses. Therefore, the sentencing court should not have included the Oregon attempted second degree assault, DUII, and third degree rape convictions in Arndt's offender score. Accordingly, we remand for re-sentencing.
Important for Washington State DUI attorneys is that the Court of Appeals ruled that the Oregon DUI statute is different and should not be considered a "prior conviction."
Arndt twice was convicted of DUII in Oregon for conduct that occurred in 1998. Arndt argues that even though the language of the Oregon and Washington driving under the influence statutes is substantially similar, the offenses are not legally comparable because Washington and Oregon have interpreted "under the influence" differently. We agree.
STATE OF WASHINGTON, Respondent,
RAYMOND UWE ARNDT, JR., Appellant.
No. 43717-1-II.Court of Appeals of Washington, Division Two.
Filed: February 4, 2014.