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.