THE DUISEATTLE.COM BLOG

What happens at arraignment?

At your DUI Arraignment Court Hearing in Washington State the Judge or prosecutor will go over basic information about you (name/date of birth - want to make sure got right person) and your legal constitutional rights at arraignment (some Courts will have a form that you will sign and submit to the Court). Your attorney will then (1) acknowledge receipt of the DUI complaint from the prosecutor, (2) waive any formal reading of the DUI charge and (3) enter a not guilty plea to the Court on your behalf. 

The Judge will then determine if there was probable cause for the stop/arrest, which can be challenged in a later Motions Hearing. The Judge will then proceed to set conditions of your release pending the outcome of your case and this may include fairly standard DUI and Physical Control conditions such as:

• Not operating a motor vehicle without a valid license or insurance;
• No refusal of a breath/blood/drug test upon reasonable request of law enforcement officer;
• No new criminal law violations;
• No consumption of alcohol, controlled substances or non-prescribed medications;
• Appear for all scheduled court dates;
• Report any change of address to the court.

 The conditions set by the Judge depend on your prior driving/criminal history and the specific facts (i.e high breath test or accident) of your case. The concern is whether or not you are a threat to the community (i.e. will continue to drink and drive) or you are a flight risk (not likely to show up for court). 

The Judge may impose additional conditions if you have significant DUI or criminal history such as: requiring the IID (ignition interlock device) on any vehicles you may drive, impose EHM (electronic home monitoring - house arrest) or set Bail (i.e. $500.00 plus) to minimize and/or mitigate your potential threat to the community or to secure your appearance. You will also receive a pre-trial hearing date (the next court date), typically 30-45 days in advance. 

You and your attorney are typically before the Judge for only a few minutes. Although, you may spend awhile waiting for your turn. Every Court has different procedures. However, most will take those defendants with a private attorney first. 

Can I have both an ID card and Driver's License in Washington State?

No. The Washington State Department of Licensing (DOL) will not permit you to have a State identification (ID) card and a State driver's license at the same time. Alot of people arrested for DUI try to get an ID card because a hole was punched in their driver's license when they were arrested for DUI. As a result, it is not considered a valid ID by most establishments. To get a Washington State ID card you will have to surrender your driver's license. (which is not a viable option if you want to request a DOL hearing to contest the administrative action of your DUI arrest)

How much will a DUI arrest cost me?

See today's national article on MSN. This article estimates the cost of a DUI from $10,000 to $15,000." I believe that is fairly accurate for an average on a first offense. Even with a reduction to Reckless or Negligent Driving you are looking at substantial Court costs, fines and penalties - plus attorney fees. Other potential costs among many others: mandatory impound fees, bail premiums (10% of bail $), DOL relicensing fees, DOL hearing fee ($375), SR-22 high-risk insurance premiums for three years; ignition interlock device (IID) for up to one year on a first offense ($100+monthly): mandatory alcohol/drug evaluation and recommended treatment; (minimum 8-hour alcohol/drug information school (ADIS) and DUI victims panel ($300+). Obviously, if you have priors even these costs may increase substantially. (i.e. additional Court fines/costs, EHM {electronic home monitoring}, Scram {alcohol monitoring bracelet on your person} et. al) See article: Cost of DUI  You should always retain an experienced DUI lawyer to get the best possible result in your case. 

How do I get an ignition interlock license?

Assuming you are otherwise eligible - the following are brief instructions on how to obtain your Ignition Interlock license (IIL): 

1. File the application & Pay the $100 application fee. Take your application to a local department of licensing driver's license office (Driver License Offices) and pay the $100.00 application fee. It is a good idea to have an extra copy of the application to have stamped as received by DOL personnel. Make sure you get a receipt. Restricted License Application Your application and fee is valid for 30 days - so do not apply too far in advance. (practically speaking this would only be an issue if the suspension/revocation is the result of a conviction)

2. Obtain SR-22 insurance. (Generally, it is cheapest to get a supplemental SR-22 policy with minimum SR-22 limits in addition to your current insurance policy – however, you should ask the insurance broker or professional to be certain of the best procedure) See SR-22 Providers: Vern Fonk, Serenity Group

3. Install an Ignition Interlock Device (IID) on your vehicle.  Cost is typically $80.00+ monthly plus $20.00 for the indigent fund. Additional charges for installation and monthly service may apply depending on the provider. Approved Washington State IID providers, See IID Providers: Life Safer, Smart Start. Camera units are now required by State law. 

It can take from 10 to 20 business days to process the application but that time frame can vary day-to-day. SR-22 insurance and ignition interlock providers will send in electronically to DOL proof of SR-22 and interlock installation. 

What happens if I do not request a Department of Licensing Hearing within 20 days?

Your Washington State driver's license will be suspended or revoked (revoked if 1 year or more) 60 calender days from the date of your arrest. If you miss the 20-day deadline you are out of luck. The length of suspension or revocation depends on whether you took the breath test or refused as well as your prior administrative DUI history within seven (7) years. 

If I lose the DOL Hearing how much notice will I get?

Typically 10-14 calender days before the suspension or revocation starts. So do not ignore your mail. It can take up to 3 weeks to get an ignition interlock license (IIL) processed with the Department of Licensing (DOL) - so every day matters. 

What happens if I violate my Pre-Trial DUI Conditions of Release?

The State or Municipal prosecutor at your next DUI pre-trial Court appearance may ask the Judge to revoke bail & take you into custody immediately, request bail if none previously ordered, request an increase in bail (for example: $2,500 to $25,000), impose the Ignition Interlock Device (IID) on all vehicles driven, impose Scram (24-hour alcohol monitoring on your person), impose EHM (house arrest) or a combination of the above. (some of these conditions may have already been ordered previously)

It is likely you violated several of your DUI conditions of release if you were arrested for a new DUI or other crime. (i.e. no criminal law violations, no driving over .08, no consumption of alcohol et al.) The prosecutor's office/Court's typically run a criminal check before every pre-trial Court hearing. Obviously, the recent DUI fatality cases in the news have not been helpful and may subject repeat offenders especially to much stricter DUI release conditions than we may have seen - even three months ago. 

What bail bondsmen agency do you recommend for my Washington State DUI case?

I have had very good success with Lacy O'Malley Bail Bonds and would highly recommend them. They have always been very attentive to my DUI clients needs over the years and are able to get all the necessary paperwork processed fairly quickly. They serve the entire State of Washington. Ask for Denny or Gayle. See link: Lacey O'Malley  

Is a DUI a felony?

It depends. The answer is no - unless you have four (4) or more previous DUI/Physical Control or qualifying convictions (reduced charges such as Reckless Driving, Negligent Driving, Reckless Endangerment etc. from a DUI arrest) within ten (10) years or one (1) prior vehicular homicide or vehicular assault any time in your past. Otherwise, it is a Gross Misdemeanor, a crime that carries a maximum penalty of $5000.00 in fines and 364 days in Jail. It is still a serious matter and not to be taken lightly. DUI convictions can have substantial consequences such as: mandatory jail, fines, license revocations/suspensions, required alcohol/drug education or treatment, preclude entry to Canada and Court supervised probation. Not to mention all the financial consequences or stresses on your job and family/personal life. A DUI cannot be taken off your record. Obviously, for that reason it is important to retain an experienced Washington State DUI lawyer to get the best result possible in your case. 

Can I go to Canada with a Deferred Prosecution?

Probably. Under current policies, it appears you should be okay with a DUI Deferred Prosecution. This is assuming no other criminal history whatsoever. Remember, if you have any questions you should contact a Canadian immigration attorney. I am not a Canadian attorney - so I cannot give any legal advice on Canadian law. Remember, entry into another country is always discretionary. (you have no right to visit)

Will I get a non-DUI plea bargain or reduction on a 1st offense DUI?

Not always. This is one of the biggest misconceptions or assumptions out there  - that is completely wrong. Whether you get a plea bargain or reduction to Reckless Driving, Reckless Endangerment or Negligent Driving 1st degree or even a dismissal depends on many factors: your driving, the BAC/Blood test result, the officers observations, your performance on any Field Sobriety Tests, your statements as well as the Court you are in - among many many other factors. Obviously, if you have a low breath test and the rest of the case is not that bad - a reduction is more likely. Good legal issues such as probable cause to stop/arrest and problems with the breath test can also matter. Recently, I have had many 1st offense DUI breath test cases in the .13/.14 range and up that the best offer was plead to a DUI. An accident can also be an important aggravating factor. That said, this does not mean you will not get a deal at some point (i.e. motions or jury readiness), but you must be realistic in light of your facts and the evidence. The recent DUI fatality cases in the news have not been helpful in negotiations over the last several months. 

Can the prosecutor object to my deferred prosecution?

Yes, but it may not matter. Most Judges will still grant the deferred prosecution. There is really no mechanism in place in the deferred prosecution law (Revised Code of Washington _ RCW 10.05) that allows for the prosecutor to object. Obviously, it may influence the Judge depending on the jurisdiction (Court), but if you are otherwise eligible (no prior deferred prosecution for DUI/Physical Control in your lifetime, alcohol/drug dependent or mental problems) it should be granted. The only times I have seen objections succeed were very unique or unusual circumstances. (i.e. person unlikely to succeed in treatment - because of much prior non-compliance or extensive history of failure to follow court orders)

How far do you travel in Washington State?

Everywhere. Kotlowski Law Office represents clients throughout the entire State of Washington. Most of our clients are on the Western side, but we also have DUI clients in Eastern and Central Washington. We really enjoy traveling throughout the State and assisting those accused of DUI or Physical Control. Contact us today for a free initial consultation.

Are we headed for a .05 Breath Test Limit in Washington?

Possibly. The National Transportation Safety Board (NTSB) is recommending that the national per se limit of .08 be lowered to .05 in all 50 states. 

"Today, investigators cited research that showed that although impairment begins with the first drink, by 0.05 BAC, most drivers experience a decline in both cognitive and visual functions, which significantly increases the risk of a serious crash. Currently, over 100 countries on six continents have BAC limits set at 0.05 or lower. The NTSB has asked all 50 states to do the same." See complete article:  NTSB May 14, 2013.

Related articles

Feds want states to lower DUI standard to .05

Board pushes to lower legal limit to fight drunk driving

NTSB recommends states lower BAC rate to .05

NTSB pushes lower limit for drunken driving

US Regulators Want To Lower The Driving Blood Alcohol Limit

Can I get around the one (1) deferred prosecution limit on DUI's?

Probably not. The deferred prosecution statue RCW 10.05 restricts "Title 46" offenses (DUI's and Physical Control convictions) to one (1) Deferred Prosecution in your lifetime. One possible way around this may be to have the prosecutor agree to amend to a non-Title 46 offense (i.e. Reckless Endangerment {RCW 9A.36.050} or some similar offense) In today's political climate, I just do not think a prosecutor would agree to this - no matter how sympathetic the situation or the client. But it never hurts to ask I guess.