YOUR COMMUNITY RESOURCE FOR DUI DEFENSE: WASHINGTON STATE DUI BLOG

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. 

Can my attorney "waive" arraignment on my DUI charge?

Unfortunately no. Arraignment in Washington State cannot be waived on DUI or Physical Control charges. You must appear in-person with your attorney. However, if you are unavailable your attorney can always ask for a continuance of the arraignment Court date. 

Is the police report admitted in my DUI case?

No. It is typically used at hearing or trial to refresh the officer's or trooper's recollection of the arrest or incident - but is not per se admissible. However, parts of the report (i.e. breath test document, implied consent warnings and constitutional rights form) may be admitted at hearing or trial. 

You have a right to hear their live in-person testimony and cross-examine/challenge (confront) the officer or trooper's on said version of the facts of your arrest. 

What the latest time that I can enter a deferred prosecution?

You can enter a deferred prosecution on your DUI charge anytime up to 7 days before trial.  Although, there is an exception for a "good cause" delay. 

RCW 10.05.010 (1) states:

..."The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial."

Can I interview the officer that arrested me for DUI?

Yes. The defense is entitled to interview the officer and/or trooper and every other prosecution witness in every DUI or Physical Control case. Your attorney or the attorney's investigator should do this for your case. Sometimes, the interview is conducted in-person with a prosecutor present or simply over the telephone. 

Can I do a Deferred Prosecution on two DUI arrests?

Yes you can. If your two (2) arrests for DUI are within seven (7) days of each other you can use your one lifetime deferred prosecution on the two (2) arrests. If the arrests are outside this time period - but within days or weeks of each other - you can always ask the prosecutor to agree to amend the date of arrest on one of the DUI arrests - so that both qualify. (unlikely though) Obviously, if you screw up your deferred prosecution you are looking at two DUI convictions.

"Separate offenses committed more than seven days apart may not be consolidated in a single program." RCW 10.05.010.