THE DUISEATTLE.COM BLOG

What is a typical plea bargain in a DUI case?

This is where your DUI attorney, after reviewing all the evidence (police reports, blood/breath test etc.) and fully investigating your case (interviewing officers/witnesses etc.) comes to an agreement with the State/City Prosecutor on amending or reducing your DUI charges. Most often, this happens at the DUI pre-trial hearing, but can happen any time in the proceedings, even right before the jury trial itself.

The plea bargain (or dismissal) may also be obtained by the suppression of critical evidence at pre-trial motions. Examples of typical plea bargains in DUI cases are Reckless Driving, Reckless Endangerment and Negligent Driving among others. (what's acceptable depends on the evidence and your personal situation) Therefore, it is important your DUI attorney is aggressive in contesting all the evidence against you and he/she gets the best resolution for you.

Will my vehicle be impounded if I am arrested for DUI?

Yes. If you get arrested for DUI or Physical Control anywhere in Washington State, the Police, Sheriff or State Patrol must now impound your vehicle for a mandatory 12- hours. Your vehicle will not be released by the towing company for 12-hours.

Under the new State law that became effective on July 22, 2011 there are three exceptions to the mandatory 12-hour - no release- requirement: (1) If the car is owned by someone other than the person arrested, the owner can reclaim the car at the impound lot; (2) a registered co-owner can claim the car; and (3) commercial and farm vehicles can be reclaimed by the legal owner if it's not the person arrested. 

Where can I find a DUI case evaluation online?

Our office provides a free consultation for recent DUI arrests and those facing criminal charges.  Contact us to set up an appointment or fill out a free online DUI Case Evaluation You can also call or text (please include your name in the text message) (206) 335-2422. 

We also offer flexible monthly payment arrangements on your Washington State DUI case when needed and do our best to work with each client’s unique situation. A credit/debit card (Visa, Mastercard), PayPal payment, or post-dated checks are accepted forms of payments.

 

What documents do I need for my alcohol/drug evaluation?

King County District and Municipal Courts require that the Washington State certified alcohol/drug evaluator and chemical dependency provider review at a minimum the following documents in completing an alcohol/drug evaluation for your DUI or Physical Control case: your criminal history (DCH), your Washington State abstract of driving record (ADR) and the underlying police report that is the basis for your DUI or Physical Control charge or conviction. The alcohol/drug evaluation must also show the results of a urinalysis test (UA) administered to you at the time of the evaluation. Most Judges in King County Courts will not accept evaluations without all of these reflected in the evaluation. Usually your attorney will forward the police report to the alcohol/drug evaluator. You will need to provide a copy of your driving abstract and the breath test ticket. 

 

Should I just plead guilty to my DUI?

No. Although at first you may be tempted to go this direction, you must keep in mind that the ramifications of a Washington State DUI conviction are long term and severe, and should not be entered into lightly. (i.e. driving license and insurance consequences, ignition interlock requirements and exclusion from Canada among many others) The DUI mandatory minimums provide the sentencing Judge with very little flexibility. It is always best to obtain an experienced Washington State DUI attorney before entering any plea. 

Should I refuse the Field Sobriety Tests?

As the 2011 Summer Season gets into full gear there are likely to be a lot more people being stopped and pulled over for suspected DUI's. One of the questions that a lot of people have is whether they should take the roadside Field Sobriety Tests (FST's). The three FST's typically administered are the Horizontal Gaze Nystagmus (HGN)(pen light), Walk and Turn and One-Leg Stand. Sometimes, the Officer or Trooper will administer additional tests such as the abc's, backwards count, finger to nose among others. He or she might also administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing probable cause to arrest and is not admitted into evidence other than for that purpose.

Generally, you need to remember that these tests are voluntary. You do not have to take them. The upside is that if you pass them the officer might not arrest you. However, this rarely happens and the downside is that you are providing evidence and building the DUI case against yourself. The fact of the matter is that these tests can be difficult to perform under any circumstances and alot of completely sober drivers will fail them.  

What happens at a DUI Arraignment?

At the Arraignment Court Hearing - the Judge will go over basic information about you (name/date of birth - want to make sure got right person) and your legal rights at arraignment (form that you will sign and submit to Court)

Your attorney will then (1) acknowledge receipt of the DUI complaint from the prosecutor, (2) waive any formal reading of the DUI charge by the prosecutor and (3) enter a not guilty plea to the Court on your behalf. 

The Court will then determine if there was probable cause (PC) for the stop/arrest, which can be challenged in a later Motions Hearing. (as a practice, most DUI attorneys will stipulate{agree} to PC for purposes of that hearing only)

The Judge will then proceed to set conditions of your release pending the outcome of your case and this may include fairly standard DUI/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 alcohol, controlled substances or non-prescribed medications prior to driving.
• Appear for all scheduled court dates;
• Report any change of address to the court within so many days.

The conditions ultimately set 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 Court can also impose additional conditions such as: no alcohol consumption, require 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 a defendant's threat to the communityor to secure a defendant's appearance. (bail is unlikely unless there is significant prior DUI history - but again this depends on the Court and Judge) 

The defendant will also receive a pre-trial hearing date (the next court date), typically 30-45 days in advance.