WASHINGTON STATE DUI BLOG

What happens at a pre-trial Hearing?

The DUI pre-trial hearing is the court appearance in which your DUI case is often resolved, or a plea agreement is reached with the prosecutor. If an agreement or plea bargain is not reached the case is normally set for trial. The next step is a pre-trial motions hearing. (see previous post)

You will often have several of these hearings and they are typically very quick. Your attorney will ask you to sign a speedy trial waiver each time to get a continuance. Typically, your attorney wants more time to investigate your case (i.e. interview the officer, talk to witnesses, visit the scene, review the breath test records etc.) and/or negotiate with the prosecutor. Don't be alarmed if you have many of these hearings - it is very normal. 

Should I just plead guilty on my DUI?

No. Not without having an experienced Washington State DUI attorney review your case first. No matter how bad your case appears to be right now - you never know what can happen. I have got some of the best resolutions with some of the worse facts. Regardless, you need to know your legal options before you make any decisions. Most DUI attorneys in Washington State will provide a free initial consultation. 

What happens at DUI pre-trial motions?

At DUI pre-trial motions we try to clean out the closet before trial...so-to-speak. We try to get rid of any bad, unreliable, or questionable evidence. We also try to learn as much as we can about the prosecutor's case. (for trial preparation) It is always good to go through motions - even if you are unsuccessful. Sometimes, the prosecutor may be left with very little evidence for trial and usually will be more willing to negotiate a favorable settlement under those circumstances outside of a courtroom. Pre-trial motions challenges everything about your case among many others:

• The traffic stop;

• Admissibility and administration of any roadside field sobriety tests;

• Probable cause to arrest you; 

• The constitutionality and admissibility of any statements made before or after reading of your miranda rights;

• Search and seizure;

• Admissibility of a breath or blood test at the police station;

The Trooper or officer will be present and questioned by both the prosecutor and defense. The failure to bring these motions could mean that your DUI case is not dismissed, or that evidence is not excluded when it would have been.

 

When does the Ignition Interlock Device requirement begin on a Deferred Prosecution?

The Ignition Interlock Device requirement imposed by the Department of Licensing (DOL) begins on the day that the Court approves and orders the deferred prosecution. Thus, it is best to have it installed prior to entering the deferred prosecution. (the caveat being that until the Court sends in the deferred prosecution abstract it is not likely to show up in the DOL computer yet - but it is always better to err on the side of caution) Some Courts will also issue a separate Ignition Interlock Order for a deferred prosecution. 

How can I look up my criminal record?

The Washington State Patrol website allows you to look up your criminal history and records.  This is for Washington State convictions only. See Look-up my Washington Criminal Records. The cost is  $10.00 and you will need a credit or debit card.

Will my license be suspended immediately upon conviction for DUI?

No. The Court will send the abstract of judgment to the Washington State Department of Licensing (DOL). It can take up to 30 days for the Court to do so and for the DOL to process it. The DOL is then required to send a letter giving you 45 days notice of the suspension. (from the date of the DOL letter) So it could foreseeably take from 45-75 days or so after your plea or conviction for the license suspension or revocation to kick in. (this does not address the DOL administrative suspension which operates on a different time-line or credit issues) 

What's the license suspension for a "first" offense DUI convicton?

90 days. 1 year if Breath Test reading is over .15 and - 2 years if it is a "Refusal". The "good news" is that you are eligible for an Ignition Interlock License (IIL) for the duration of any suspension. The DOL will give you 45 days notice of the suspension once the DUI conviction is entered by DOL. See link and follow instructions precisely: IIL application.  It can take 3-14 business days to process the license. 

How much bad "lane travel" is enough to stop you?

It depends. In  State v. Prado 186 P.3d 1186 (WA 2008) Washington Courts for the very first time took up what it meant to drive “as nearly as practicable" in one’s own lane. The pertinent statute, RCW 46.61.140(1), provides:

 “Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

In Prado, Tonelli Prado's car on I-5 crossed an eight-inch white line dividing the James Street exit lane from the adjacent lane by approximately two tire widths for one second. 

The Court held: “Washington State's requirement that automobile drivers remain within a single lane of travel "as nearly as practicable" does not impose strict liability. (my emphasis) A vehicle crossing over a lane once for one second by two tire widths does not, without more, constitute a traffic violation justifying a stop by a police officer.”

I have been able to use Prado to get some great resolutions or dismissals for clients.  The reality is that the trooper or officer must have enough to make that initial contact with you - whatever it may be.

 

Punched license - can I still drive?

Yes.  In Washington your driver's license is still valid for 60 days from the date of your DUI arrest. However, it is considered a temporary driver's license and you should carry on your person the bottom portion of the form that is also the Department of Licensing (DOL) hearing request. 

The police officer or trooper should have given you a Washington State DOL hearing request. If you follow the instructions and timely request a DOL Hearing within twenty (20) days of your arrest - your temporary license is extended until the Washington State Department of Licensing Hearing Officer issues a decision. (see previous post for form)

How many days do I have to request a DOL Hearing after my DUI arrest?

You have only - 20 days - from the date of your arrest for DUI or Physical Control in Washington State to request a Department of Licensing (DOL) Hearing. If you do nothing your license will be suspended - 60 days - from the date of your arrest. I favor mailing the Hearing request to the DOL with the $200.00 fee and getting proof of mailing from the post office. This gives the DOL the opportunity to make a mistake in it's handling of the hearing request. (slim odds but you never know) See following links for requesting a Washington State Department of Licensing Hearing and follow instructions: 

 Online DOL Hearing Request  (Processes Hearing Request On-line with a Credit or Debit Card)

Mailing DOL Hearing Request  (Physically Mail Hearing Request with $200.00 Fee or Fee Waiver)

Can I get a DUI on Prescription Drugs?

Yes. In Washington State you can be charged with DUI while driving on prescription medications. It is not a defense that you have a prescription - if the drugs affect your ability to operate a motor vehicle safely.  It  is always advisable to ask your pharmacist or doctor about driving on your prescription medications. Everyday, I am seeing more of these cases - especially when mixed with alcohol. Over the years, I have represented clients on a wide range of prescriptions from pain killers like OxyContin or Vicodin to anti-depressants like Zoloft. It is always best to error on the side of caution before driving on your medications. In other words know your medications and how they affect you!

Is the Ignition Interlock Device required on a Reckless Driving conviction?

It depends. Not on a first offense. However, if it is a Reckless Driving conviction reduced from DUI and you have one prior offense within seven (7) years - it is required for six (6) months. Prior offense would include negligent/reckless driving/endangerment reductions, deferred prosecutions and DUI's/Physical Control. This change in the law went into effect on September 1, 2011.

Can I look-up my license status on-line in real time?

Yes. The Washington State Department of Licensing allows you to look-up your license status on-line in real time. You can always find out if your driver's license is valid by accessing this site. Look-up License Status

Is my license suspended "immediately" upon my arrest for DUI in WA?

No. The officer or state trooper will typically punch your driver's license upon your arrest for DUI or physical Control. However, in Washington State your license is not suspended or revoked until - 60 days from the date of arrest. You should receive a letter from the Washington State Department of Licensing (DOL) to that affect. You can delay this suspension by requesting a hearing to appeal your suspension within 20 days from the date of arrest. (the officer should have given you a hearing request form - but it is also available on-line - Request DOL hearing) Your license will then be valid until a decision from the DOL hearing officer. (typically 15-30 days after the hearing, but this can vary)

What happens if I refuse the breath test at the police station?

Assuming no prior history, if you refuse the breath test at the station your license will be revoked for 1-year under the implied consent law administrative civil sanctions. (this is a first administrive action within 7 years - the penalties will be longer if you have any prior history) You can request a hearing within 20 days to contest this revocation. Remember, simply put - when you drive on Washington roads you are consenting to giving a sample of your breath. The suspension increases to 2-years if you are convicted on the underlying DUI case. The prosecutor will also attempt to use the refusal as evidence of guilt in your DUI case.  You will also be required to retake the driving and written tests to get your regular license back. The good news is that in most cases you will be eligible to drive with an ignition interlock license during the revocation period.

You should always consult with an attorney before taking the breath test at the police station. You have a right to do so....There are public defenders on call 24 hours a day just for this purpose.