YOUR COMMUNITY RESOURCE: WASHINGTON STATE DUI AND CRIMINAL TRAFFIC BLOG - BY SEATTLE DUI LAWYER W. JAMES KOTLOWSKI

What happens at DUI arraignment in Washington State?

At your DUI 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 constitutional 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 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 of alcohol, controlled substances or non-prescribed medications;
• Appear for all scheduled court dates;
• Report any change of address to the court.

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: 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. 

Should I do a deferred prosecution on a 1st DUI charge?

Probably not. Usually, I would recommend against entering a deferred prosecution on a first offense DUI. In Washington State you get one opportunity to do a deferred prosecution in your lifetime and typically I advise against it. However, there are exceptions, many clients have little choice because of personal, career or employment considerations. I have had doctors, lawyers, executives, police officers and other professionals enter into a deferred prosecution on a first offense, especially when a DUI conviction was not an acceptable option. Often, with these clients, a reduction even to reckless or negligent driving is still an unsatisfactory resolution.

I also do not like a deferred prosecution because like a DUI conviction it has a five year probationary period - whereas reckless and negligent driving the maximum probationary time period is two years. Obviously, you must still meet the eligibility requirements of a deferred prosecution. 

However, every person's situation is unique and you should consult with a Seattle or Washington State DUI attorney to find the best option for you. 

What is a plea bargain in a DUI case?

This is where your DUI attorney, after reviewing all the evidence (police reports, breath test records etc.) and fully investigating your case, comes to an agreement with the Prosecutor on 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 trial itself. The plea bargain (or dismissal) may also be obtained by the suppression of critical evidence at pre-trial motions. Therefore, it is important your DUI attorney is aggressive in contesting all the evidence against you at the pre-trial motions hearing. A typical plea bargain in a Washington State DUI case is Reckless or Negligent Driving. 

What's the suspension for Reckless Driving? Will I get credit for my DUI administrative suspension?

The driver license suspension for Reckless Driving is 30 days. Although, you can get an occupational license during the suspension period.

No, you will not get credit toward the 30 days even if you already had a license suspension for the DUI arrest on the administrative side. It makes no sense but that's the current state of the law. (a DUI conviction would give you credit)