WASHINGTON STATE DUI BLOG

Do I have to appear for my DUI arraignment?

Yes. DUI and Physical Control arraignments are mandatory appearances in Washington State. (unlike some other crimes, your attorney cannot waive arraignment)

If the arraignment date conflicts with your schedule you can always ask for a one (1) time continuance. Most Courts will grant a continuance once, if timely requested. See link for what happens at DUI arraignment. What happens at Arraignment?

My DUI charges are pending or not filed yet - do I still need to request or appear for the DOL administrative hearing?

Yes! These are separate proceedings (one civil and one criminal), and both are required. Washington State Law requires the Department of Licensing to revoke or suspend the driving privileges of any driver who either refused the breath/blood test, or whose breath/blood alcohol levels exceed the legal limit of .08, if certain requirements are met.

This administrative action is in addition to any criminal charges that are brought. You may be found “not guilty” of the criminal charge in criminal court; however, your driving privileges may still be revoked or suspended because of the Department of Licensing administrative action.

The opposite is also true. The Hearing Officer may dismiss the administrative action; yet, you still may be found “guilty” in criminal court. If you miss the deadline for requesting an administrative hearing or fail to appear when scheduled, the Department of Licensing will revoke or suspend your driving privileges even if you have already taken care of the underlying criminal charges in the court process. (if you have counsel, they may appear on your behalf for the DOL administrative hearing)

What's SCRAM?

Some Courts in Washington State now use "SCRAM" bracelets to monitor DUI defendants. It is considered a much less expensive alternative than Jail. See link to Seattle Times story on the basics of SCRAM:  Seattle Times Story

What happens after the DOL Administrative Hearing?

You wait. The Hearing Officer will then mail you a written decision. The decision usually takes approximately 2 - 4 weeks or longer depending on the Hearing Officer. In most cases, your license suspension will be stayed (put on hold) pending the outcome of the hearing. (unless you have suspension for other reasons)

The DOL decision will either 1) cancel/dismiss the suspension or revocation of your license; or 2) uphold the suspension or revocation of your license. (approximately 75% or so are upheld in a typical year) If the Hearing Officer dismisses the action, the suspension or revocation will be cancelled.

However, if the Department’s action is upheld, the written decision will give an effective date that your drivers license will be suspended - that is typically 10 - 14 days after you receive it. You will also be given information on the steps that must be taken to reinstate your driving privileges following the suspension or revocation. (i.e. SR-22 insurance for 3 years, reissue/licensing fees)

When will my DOL Administrative Hearing be scheduled?

Assuming you properly requested a hearing, the Washington State Department of Licensing (DOL) will mail you a letter - telling you the date/time of hearing, assigned hearing officer and the phone number that will be called for the hearing. (all hearings are now conducted by telephone)

The DOL administrative hearing must be scheduled within 60 days of your arrest. It is typically scheduled fairly close to the 60th day. You must also receive 10 days notice of the actual hearing date. 

The DOL will almost always give the driver one continuance, if requested. (if so, you will be asked to sign a waiver of the 10 and 60 day requirements above)  

What happens at a DOL Administrative Hearing?

The DOL or DUI administrative hearing is conducted by telephone with a Hearing Officer from the Washington State Department of Licensing (DOL). This is a completely separate civil matter arising from your underlying DUI arrest. (the implied consent law) You don't automatically get a hearing and must request one within 20 days of your DUI arrest or you waive that right. It is essentially an appeal of your pending suspension because of your arrest. (60 days from date of arrest)

The Hearing Officer will consider the facts and the Law (more on the legal issues later) and will make a written decision. The arresting officer is not required to be present and the State’s evidence usually consists of the officer’s or troopers written arrest report (exhibit #1) and BAC certification document (exhibit #2).  However, you may subpoena the officer or trooper to appear by telephone. If the officer fails to appear, the matter will almost always be dismissed. You can make objections to the State's evidence and present any evidence, witnesses as well as arguments to support your position. The standard of proof is the same as in a civil matter: preponderance of the evidence. The hearing can last from a few minutes to as much as an hour. 

Is a Washington State Ferry a Roadway?

Yes, under Washington law a Washington State Ferry is actually part of the State "highway" system. I have had several DUI cases over the years where people fell asleep on the Ferry crossing. They were eventually woken up by a Washington State Trooper and I am sure you can guess what happened next. 

Should I hire a private attorney for my DUI?

Yes, if you are able to do so. Most public defenders (PD) I know are very good attorneys. However, they simply have too many cases through no fault of their own. Sometimes, as many as 100-150 at any given time.

If you want somebody to walk you through the DUI Court Process as well as the DOL process and always be accessible - it is usually better to obtain private counsel, if at all possible. (I give my clients my cell phone number - no other attorney in my office does that!) We have all been to a restaurant where the waiter or waitress were serving many many more tables then he or she should have been. As a result, things just didn't go as smoothly as we may have liked. It is the same thing with private attorneys - I am serving only so many clients at a time and therefore able to provide more personal attention to your DUI case and specific needs or considerations. I have many clients who would be eligible for the PD, but instead make small monthly payments to my office. (Also, the PD can not represent you in the Civil Administrative Department of Licensing Hearing.) 

Can I get an Ignition Interlock License with an Out-of-State Driver's License?

Not yet. Under current law, you must have had a valid Washington State Driver's License that was suspended or revoked because of a DUI and/or Physical Control conviction or a DUI Administrative Action. (this left residents licensed out-of-state, i.e. students, temporary workers among others with no way to drive during a suspension or revocation period) 

Effective, August 1, 2012, any Washington resident would be eligible to apply for the Ignition Interlock License (IIL) - even if not previously licensed in Washington State or elsewhere. However, the Washington Department of Licensing can still require the driver applying for the IIL - to take any applicable driver's licensing examination/tests and have any other applicable temporary restricted license under RCW 46.20.391.  

Can I get an Ignition Interlock License with a Reckless Driving conviction?

Not yet. Under current law, you can only get an Ignition Interlock License (IIL) with a DUI or  DUI Administrative suspension. However, on August 1, 2012 this changes - so if you are lucky enough to obtain a reduction to Reckless Driving and you previously had or have an IIL from a DUI Administrative suspension you will not have to get the occupational restricted license (ORL) for the 30-day Reckless suspension. (you will also get credit on a day-for-day basis)

Does Hit & Run Attended have a license suspension?

Yes. In Washington State, Hit & Run Attended has a one (1) year license revocation. Attended means that there was someone in the vehicle when you hit it. Whereas, Hit & Run Unattended is like hitting an unoccupied parked vehicle and does not have a license suspension.

How can I find out if someone is still in King County Jail?

Arrested for DUI? See link for King County, Washington Jail Register. King County Jail Register

Can I get financial assistance for the Ignition Interlock Device?

Yes. See attached application for applying for Washington State financial assistance for the ignition interlock device (IID). IID Financial Assistance 

How often is a DUI charge dismissed?

Not very often. In the last few months, I have had this happen in several DUI cases. The mostly likely scenario for your DUI case is a reduction or plea bargain to a lesser or amended charge such as Reckless or Negligent Driving. These are the most common DUI reductions in Washington State. Reckless Endangerment is also a possibility. Obviously, the likelihood of any reduction is going to depend on the specific facts of your case, your criminal history and the Court you are in. 

How can I check my license status online?

In Washington State, it is very easy to check your driver's license status online in real-time. No need to call the Department of Licensing and wait 30 minutes for a real person. See link: Real-Time Washington Driver's License Status Just put in your license number.