WASHINGTON STATE DUI BLOG

Does my DUI lawyer appear with me at all my Court hearings?

Yes. If you have retained a DUI attorney they will be at your side at every Court Hearing throughout the Court process - no matter how long it takes. They are your advocate and seldom will you be required to say anything in Court. 

It is not unusual to have 4-10 hearings in a DUI case, not including trial. Obviously, this will depend on the difficulty of your case. The DUI attorney will also represent you in the Department of Licensing (DOL) Hearing. (caveat: public defenders will not represent you at the DOL Hearing because it is a civil administrative hearing - you only have a right to a lawyer in criminal proceedings.) 

Arrested for DUI - why no DUI ticket or citation from officer?

This is normal. In Washington State Patrol cases you will not typically be given a ticket or citation for DUI at the time of your arrest. (nor is it required - some cities such as Seattle will give you a citation and a Court date immediately) If you call the prosecutor or Court they will say no charges have been filed yet. Often, all you will receive is a copy of the breath test ticket and the Department of Licensing (DOL) paperwork to request a DOL Hearing to contest your upcoming suspension or revocation because of the DUI arrest. (The DOL Hearing is a completely separate civil administrative action against your driver's license) The State of Washington has two (2) years to file DUI charges against you in Washington (recent filing time frames:  2 - 4  months in King County; 1 - 2 months in Snohomish;) You will receive notice to appear by summons by regular US mail (not certified)  - typically two (2) weeks in advance of the Court date. 

My DUI case was dismissed right after my arrest - am I off the hook?

No. If you were booked into King County Jail, a case file will be opened for your case. In most instances, the State of Washington is not ready to proceed (pending investigation) and your case will be dismissed without prejudice at the first appearance (which means it can be re-filed within the statute of limitations) This makes any bail you paid mute and it will be returned to the payee. (typically takes a few weeks) The statute of limitations in the State of Washington for a DUI is two (2) years. You will then get 10-14 dqys of notice of your Court date in the mail. 

Where can I find out if somebody is in Jail in Western Washington?

See link for the main Western Washington Jails.  Pierce County,   Snohomish County,  Score (Auburn, Burien, Des Moines, Federal Way, Renton, Seatac, Tukwila),  King County

How long for DUI charges to be filed in King County? (update)

The King County District Court Prosecutor has 2 years to file charges from the date of the incident on your DUI arrest. The typical time-line for filing has been 1-4 months from the date of arrest, but this is not set in stone. (Washington State Patrol arrests). The latest info for State Patrol arrests has been alittle over 2 months. You will get approximately 14 days notice of your Court date. 

What happens at my first DUI Court Appearance?

You just received notice in the mail of a Court date for your DUI arrest from a couple of months ago. What happens at that hearing? - Your first Court Hearing is called Arraignment. - At your DUI Arraignment Court Hearing in Washington State 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 typically 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 Judge 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 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 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 +) 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 Court and 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 private counsel first. 

Is DUI arraignment mandatory?

Yes. Arraignment cannot be waived for DUI's or Physical Control. Your appearance is mandatory. If you have a conflict with the Court date - your attorney can send in a Motion to Continue for the Judge to review.  Most Courts will continue the arraignment Court date for 1-2 weeks if good cause is shown. 

How often can I do a deferred prosecution on a DUI?

In Washington State, you can do a deferred prosecution on a DUI or Physical Control only once in your lifetime.  Typically, I do not recommend a deferred prosecution for a 1st Offense DUI. 

What is an SOC in a criminal traffic case?

An "SOC" is a Stipulated Order of Continuance. It is a contract between you and the State or City prosecutor. If you comply with certain conditions in the agreement the case will be amended or dismissed at the end of the designated period - depending on the terms.

For example, you are charged with hit and run unattended, the prosecutor agrees to continue the case for 12 months and then dismiss it. Those conditions might be among others: waiving your rights to a jury trial or contesting the matter, waiving speedy trial, no criminal law violations, pay restitution, complete 20 hours of community service and complete an aggressive driving class etc. 

What are the basic requirements for a breath test to be admissible in Court?

      RCW 46.61.506 (4) (a) A breath test performed by any instrument approved by the state toxicologist shall be admissible at trial or in an administrative proceeding if the prosecution or department produces prima facie evidence of the following:

     (i) The person who performed the test was authorized to perform such test by the state toxicologist;

     (ii) The person being tested did not vomit or have anything to eat, drink, or smoke for at least fifteen minutes prior to administration of the test;

     (iii) The person being tested did not have any foreign substances, not to include dental work, fixed or removable, in his or her mouth at the beginning of the fifteen-minute observation period;

     (iv) Prior to the start of the test, the temperature of any liquid simulator solution utilized as an external standard, as measured by a thermometer approved of by the state toxicologist was thirty-four degrees centigrade plus or minus 0.3 degrees centigrade;

     (v) The internal standard test resulted in the message "verified";

     (vi) The two breath samples agree to within plus or minus ten percent of their mean to be determined by the method approved by the state toxicologist;

     (vii) The result of the test of the liquid simulator solution external standard or dry gas external standard result did lie between .072 to .088 inclusive; and

     (viii) All blank tests gave results of .000.

     (b) For purposes of this section, prima facie evidence is evidence of sufficient circumstances that would support a logical and reasonable inference of the facts sought to be proved...

Can I get a different judge for my DUI case?

Yes. An affidavit of prejudice is a Washington State legal procedure that permits you to remove the judge. It is the one (1) opportunity you get per case to change the judge who hears your case. In other words, you can remove the judge if you do not believe he or she can be fair or impartial in deciding your case. A party (prosecutor or defendant) files an affidavit with the Court alleging that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the judge or for other grounds provided by law. 

Typically, an affidavit of prejudice must be filed within ten (10) days of arraignment or when the judge is assigned to your case. The judge must not have made any discretionary rulings in your case. That is why it is extremely important to have an experienced DUI attorney. Obviously, only attorneys who regularly appear in the DUI courts can know the judges and when you should exercise the affidavit, if at all. It should not be used in every case. 

Can I continue my Arraignment in King County District Court?

Most of the time. If you just got a summons to appear in the mail for your arraignment in King County District Court and you are scheduled to be on vacation or out of town for work - don't panic. 

The three main DUI Courts (King County District Court - State Cases) are Burien, Redmond and Seattle Courthouses. All now require a Motion to Continue in writing faxed to the Court for presentation to the Judge. However, they will usually allow a continuance once for good cause. The length of the continuance is typically 1-3 weeks. Obviously, your DUI attorney can also take care of all this for you. Contact the Court Clerk if you have any questions.

Where will my DUI case be filed - if stopped by the Washington State Patrol in King County?

If you are arrested for DUI in King County by the Washington State Patrol your case will be filed in King County District Court. All DUI and Physical Control cases filed by the State of Washington in King County will end up at one of 3 Courthouses: Burien, Seattle or Redmond depending on the location of your arrest. The State of Washington has two years to file DUI charges from the date of arrest. 

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. 

What are the DUI conditions of probation that have 30-day mandatory minimums?

(i) Not drive a motor vehicle without a valid license to drive and proof of financial responsibility insurance (SR 22);

(ii) Not drive while having an alcohol concentration of .08 or more within two hours after driving;

(iii) Not refuse to submit to a test of your breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe you were driving or were in actual physical control of a motor vehicle while under the influence of intoxicating liquor.

"Violation of any mandatory condition requires a minimum penalty of 30 days’ confinement, which may not be suspended or deferred, and an additional 30-day license suspension. RCW 46.61.5055(11).  Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL". RCW 46.61.5055.

Some Courts will allow your time to be served as EHD (electronic home detention). Unfortunately, alot of people fail to realize the seriousness of these conditions after sentencing is over.