If you have been charged with DUI, the first thing that you should know is that a DUI is a criminal offense in Washington. If convicted you could face a sentenced of up to one year in jail and a $5000 fine. It is important that you take this charge seriously.  Defense of a DUI case involves complex issues.  Knowing how to handle these issues could be the difference between a guilty verdict or a dismissal.  We highly recommend hiring an experienced and competent criminal defense attorney to represent you. 

 

People arrested for DUI are often surprised that they were arrested because they didn't feel too intoxicated to drive. 

 

     This BAC Calculator will help you determine what your alcohol

               content may have been near the time of your arrest.  Remember that just because you were arrested does not mean you are guilty of the crime of DUI.   You can call us anytime for a free consultation.

 

 

The remainder of this information tells you what you can expect as you go through the court proess:

 

1. The Arraignment . The arraignment is the first mandatory court appearance.  Failure to attend any scheduled DUI court hearing could result in a warrant being issued for your arrest.  Be sure to attend.

 

When people are initially stopped and arrested for DUI, there are several things that may happen. First, they may  be released and told that they will receive notice of an arraignment date in the mail. Second, they may be released with a court date. Third, they may be held in custody until the arraignment date. At the arraignment, the prosecuting attorney will formally charge you with DUI and then ask you to enter a plea to the charge. You should always enter a plea of not guilty at the arraignment. Even if the evidence against you appears to be overwhelming, you need to plead not guilty so that you can preserve your case and see all of the evidence before making a decision of this magnitude.

 

Also, you should always reserve your right to a speedy trial within 90 days and your right to a jury trial. The arraignment is also the time that the prosecutor may ask for conditions of release. Sometimes, the prosecutor will ask that you not be released without posting bail. If this is your first offense and you had a relatively low amount of alcohol in your system, then the typical condition of release is that you not drink until the case is resolved. Depending on the facts of your case, and past offense, other conditions can include mandatory attendance at AA meetings, the imposition of an ignition interlock device on your vehicle, or the imposition of bail. After your arraignment, you will be given notice of your next court date, which is the pre-trial conference.

 

 

2. The Pre-Trial Conference . The pre-trial conference is an informal hearing at which the prosecutor meets with the defense attorney to discuss the case. This gives both sides an opportunity to explore plea bargaining options and to make sure that both sides have exchanged all discovery as required by the court. At the pre-trial conference, you have three options.

 

First, you may continue the pre-trial conference if you have a good reason. This will allow more time to prepare a defense of your case.  It will also allow you more time to obtain an alcohol evaluation and complete a DUI victims panel, which should always be done prior to the pre-trial conference. Generally you need to sign a speedy trial waiver in order to get a continuance, but it is often in your best interest to do so.

 

Second, you may set the case for a trial.  You may elect a trial by jury or a bench trial, where the judge acts as the jury.  If your case is set for trial, your attorney will file several legal motions, schedule a pre-trial motions hearing, schedule a readiness hearing, and schedule a trial date.

 

Third, you may accept a pre-trial offer and begin on the course for meeting the conditions of that agreement. 

 

 

3. The Pre-Trial Motions. The pre-trial motions hearing is a hearing at which the defense presents arguments on all relevant motions on behalf of the defendant. At the motions hearing, witnesses are often called to testify, including the arresting officers. If the judge rules in favor of the defendant's motions, evidence will be suppressed and often the case will be dismissed. If the case is not dismissed after the pre-trial motions, then a readiness hearing is held.

 

 

4. The Readiness Hearing. The readiness hearing is a hearing that is set just before the jury trial date. At this hearing the court confirms that all parties are prepared to proceed to trial.  This is generally the last chance for the parties to resolve the case prior to trial. If no deals are agreed to, then the jury trial date is confirmed.

 

 

5. The Trial. Since a DUI charge is a criminal offense, you have the right to a jury trial. Six people from the community will be called upon to make a judgment in your case.

 

6. Sentencing. If you are convicted of DUI, a sentencing hearing is set to determine how you should be punished. The State of Washington has very specific penalties for DUI. A complete listing can be found in our DUI Penalties grid.

 

7. The Appeal. If you are convicted of DUI, you have the right to appeal that verdict. This appeal is taken to the superior court in the county where the trial was held. You must appeal a judgment against you within 30 days of the judgment, or you waive the right to appeal.

 

8. The Department of Licensing. When you are arrested for DUI, the officer should give you a Department of Licensing Hearing Request Form. You need to send in this form with $100 in order to have a hearing to contest your license suspension or revocation. You must send this form in within 30 days from the date of the offense. If you do not send the form in, you will be automatically suspended or revoked for a period of time depending on your situation. Since the Department of Licensing and the courts are independent of each other, they both have the authority to impose a suspension or revocation. So, even if you win your Department of Licensing hearing, the court still has the authority to suspend or revoke your license.

 

9. Alcohol Evaluation. As was stated above, prior to your pre-trial conference, you should obtain an alcohol evaluation from a state-certified alcohol treatment facility. You should coordinate this through your attorney's office and then contact the treatment agency and set an appointment as soon as possible after your arrest.  If you are unrepresented, you can contact a treatment agency on your own.  Remember to talk with the  treatment agency before signing any releases of your confidential information.

 

 

10. Deferred Prosecution. Deferred prosecution is an option that allows a person who has an alcohol problem, a drug problem, or a mental health problem to complete an intensive treatment program and get a dismissal of the criminal charge. In order to be eligible for this program, you must be found to be alcohol dependent, drug dependent, or mentally ill. Also, you are only allowed one deferred prosecution, so if you have been granted one in the past, you are not eligible for one now.

 

 

11.  SR-22 Insurance.  If you are found to have commited an alcohol related offense either administratively through the Department of Licensing or criminally through the Courts, you may be required to provide proof of SR-22 Insurance.  This is basically high risk insurance that will affect your rates.  It is generally required that you maintain this proof for at least three years. 

 

 

A DUI is a very serious criminal charge. There are incredibly complex issues involved in these cases. You will want to hire an attorney you feel comfortable with and who you know has the expereince to handle the issues in your case.  Ms. Maples has experience as both a criminal defense attorney and as an Administrative Hearing officer, which makes her uniquely qualified.  She has the experience and resources necessary to mount an aggressive defense for you.

 

Contact us today for a free phone consultation.

(206) 334-1488

mapleslaw@msn.com