THE DUISEATTLE.COM BLOG

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 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. 

What are the three Standardized Field Sobriety Tests?

The HGN, Walk & Turn and One-Leg Stand are the three standardized field sobriety tests that all DUI officers use in their pre-arrest investigations.