Michel v. City of Richland

A statute effective September 1, 1995, provides that a person who is convicted of driving under the influence of alcohol (DUI) and who has a prior offense within the last five years has a significantly higher minimum punishment than a person who has no prior offenses. RCW 46.61.5055(2). Jon Patrick Michel was arrested for DUI on September 13, 1995. He had been granted a deferred prosecution for a similar charge in April 1992. RCW 46.61.5055(8)(a)(vii) includes deferred prosecutions as “prior offenses.” On discretionary review, Mr. Michel challenges the constitutionality of RCW 46.61.5055,…