WASHINGTON STATE DUI BLOG

What happens if I missed my Court date?

Generally, if you missed your DUI Court date in Washington State for whatever reason, the Judge will find a failure to appear (FTA) and - in most cases issue a Warrant. The FTA tolls (stops) jurisdiction or speedy trial on your case whichever is applicable. (speedy applies pre-trial) The Warrant amounts are typically from $500.00+ depending on the present charge, criminal history and previous FTA's. Search this blog for post on quashing (canceling) Warrants. 

Why was I given an infraction citation - but not a DUI?

In King County, it is not unusual in State cases (Washington State Patrol DUI arrests) for the civil infraction (i.e. speeding, failure to signal) to be  issued immediately or soon after your DUI arrest. It is important to ask for a contested hearing within 15 days of notice of the infraction. I typically get the infraction joined with the the DUI once it is filed in 1-4 months. (infractions will often get dismissed when the DUI case is resolved - so requesting the contested hearing is a no-brainer)

Why was I not given a Court Date when I was arrested for DUI?

The State of Washington or Municipality have two (2) years to formally file charges on a DUI arrest in Washington State. The City of Seattle typically gives you a Court date for arraignment upon arrest, whereas the State Patrol will not. In King County, the timeline for the filing of DUI or Physical Control charges from State Patrol arrests is typically 1-4 months. In other words, it varies significantly by jurisdiction. 

How many days do I have to request a DOL Hearing?

You have 20 days from the date of your arrest for DUI to request a DOL Hearing. Your request must be postmarked within 20 days. A $375 fee is also required. 

This is the civil/administrative side of every DUI arrest where the breath/blood test is .08 or above (21 or older) or you refused the breath test. The Implied Consent Law in Washington basically says that if you drive on Washington roads you consent (ahead of time) to taking a breath test if asked to do so by a law enforcement officer. The Department of Licensing Hearing allows you to contest the reason for the stop, arrest (i.e. was their probable cause), and the breath/blood test evidence among other issues.

What is the Portable Breath Test (PBT) given on the street used for?

This is the portable breath test (PBT) given to you on the "Street" so to speak. The Washington Administration Code (WAC) 448-15-020 authorizes the use of the PBT to assist in forming probable cause that a person has consumed alcohol when a trained and certified officer, using an approved device that has been maintained and certified according to the requirements of WAC 448-15-040, obtains the results. Also, the test protocol as set forth in WAC 448-15-030 must be strictly followed. It is amazing that many officers and troopers do not follow the proper protocol. I have had many hearings in which the State or City prosecutor did not even attempt to admit the PBT for probable cause purposes. This breath test can be refused and is never admissible in your DUI case. (other than maybe for probable cause to arrest for DUI as stated above) 

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. 

Should I retain an attorney now or wait for my DUI charges to be filed?

This is a question I get often in my DUI practice. In my opinion, it is always in your best interests to obtain DUI Counsel as soon as possible after being arrested for DUI in Washington State. Your attorney will be able to advise you on what initial steps you should begin taking to help prepare your case to obtain a good and favorable resolution. Also, alot of evidence can be destroyed (i.e. videos) and witnesses disappear or memories fade over time. 

Furthermore, the Washington State Department of Licensing (DOL) clock begins ticking when you are arrested. (this is a completely separate civil administrative proceeding) It helps to have counsel as soon as possible to schedule and handle the DOL hearing. In sum, you can be way ahead of the game so to speak if you obtain DUI counsel in a timely manner and not wait until charges are filed. 

Should I just plead guilty in my DUI case?

No!! Not without having an experienced Washington State or Seattle DUI attorney review your case first. No matter how bad, horrible or hopeless your DUI or Physical Control case appears to be right now - you never know what may happen if you fight or contest it. (sometimes, as they say, just showing up makes things happen) I have got some of the most favorable resolutions or plea deals with some of the worse facts possible. Regardless, you need to know your DUI legal options before you make any decisions. A DUI stays on your record for life in Washington State - so it is a decision that should not be entered into lightly and without experienced DUI counsel. It can also can cause potential travel problems (i.e. Canada) or licensing issues for certain professions. So be informed!

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. 

Should I take the Roadside Field Sobriety Tests?

No. Seldom does taking the tests turn out well. As the 2013 "New Year" celebrations kick into full gear there are likely to be a lot of Washington State citizens stopped and/or pulled over by law enforcement for suspected DUI's. One of the questions that a lot of people have is whether they should take the roadside Field Sobriety Tests (FST's). The three (3) standarized FST's typically administered are the Horizontal Gaze Nystagmus (HGN), Walk and Turn and One-Leg Stand. Sometimes, the Officer or Trooper will administer additional tests such as the abc's, backwards count, finger to nose among others. He or she might also administer the portable breath test (PBT). This is the breath test at the scene that is used primarily for establishing probable cause to arrest and is not admitted into evidence other than for that purpose. (the breath test at the station is another matter and you should always request to speak to an attorney before taking the Police Station Test)

Generally, you need to remember that these tests are voluntary. You do not have to take them. The upside is that if you pass them the officer might not arrest you. However, this rarely happens and the downside is that you are providing evidence and building the DUI case against yourself. The fact of the matter is that these tests can be difficult to perform under any circumstances and alot of completely sober drivers will fail them.  

Why was I charged with DUI when I blew under .08?

In Washington State you do not need a breath test over .08 to be charged with a DUI or Physical Control. Those .08 road signs you see throughout Washington State can really be deceptive or half-truths. 

There is essentially two (2) ways to be DUI in Washington State (3 - if you count the new marijuana per se law): Your driving is either “affected by" Alcohol; Drugs; or a Combination of Alcohol & Drugs and/or  Within 2 hours of driving your Breath Test (BAC) is greater than (.>) .08. I have had many DUI or Physical Control cases over the years under the legal limit. The State of Washington or City Prosecutor simply proceeds under the "affected by" prong. 

Should I just plead guilty?

No. Not without having an experienced Washington State DUI attorney review your case first. No matter how bad or horrible your case appears to be right now - you never know what can happen. I have got some of the best resolutions or plea deals with some of the worse facts possible. Regardless, you need to know your legal options before you make any decisions.

Our firm provides a free initial consultation. 

Outstanding Warrant because of missed court date - what's the next step?

Alot of people miss their scheduled DUI Court appearances for many reasons:

•  The police officer writes down your address wrong; 
•  You did not change your address after moving;
•  You were out of town when the subpoena notice came to your mailbox;
•  You opened your mail late; or 
•  You just weren't ready to deal with it. 

Whatever the reason for the warrant - the thing to remember is that you will probably be arrested if you are stopped by a law enforcment officer. The good news is that most Courts have a warrant quash procedure and weekly calenders where you can appear in person and quash (recall/stop) the warrant. You need to call the Court (or check online the Court's website) that gave you notice and find out what their particular procedure is for quashing warrants.

Most Courts will require your appearance in person to schedule the Court appearance. Some Courts will allow you to quash the warrant at the Court clerks window if it is below a certain amount (i.e. $1000.00) and pay a warrant fee (i.e. $75.00). The key is TO DO SOMETHING - so you don't have this horrible uncertainity over your head. Once you appear at the scheduled Court appearance, most Courts will simply release you on your own PR (personal recognizance) with standard DUI conditions (obviously this depends somewhat on your prior history and the reason for missing the Court date) and set a new Court date. If arraignment was the missed hearing, some Courts will do the DUI arraignment at that time.

What is the ignition interlock device "exemption" for employer vehicles?

In Washington State, if you are required to have an ignition interlock device (IID) installed on all vehicles you drive there is an IID exemption for work vehicles.

There are several scenarios in which this may be helpful:

(1) Court requires an IID as a pre-trial condition of release pending trial; (court somtimes will send notice to DOL of IID requirement - can also ask court to exclude in courts written IID or conditions of release order)

(2) Ignition Interlock License (IIL) required during a DOL administrative or DUI/Physical Control conviction "hard" suspension period;  

(3) IID required after the license suspension period because of a DUI/Physical Control conviction or 2nd et.al Reckless or Negligent Driving conviction within 7 years (i.e. 1, 5, 10 year restriction periods):

(4) IID required during a Deferred Prosecution.

 

To qualify for the IID exemption your employer requires you to drive:

(a) a vehicle;

(b) during working hours and;

(c) the vehicle is owned, leased, rented, or the temporary responsibility of your employer.

See link for DOL form and follow the instructions. IID Employer Declaration. You must carry a copy of this form on your person. 

What Alcohol/Drug treatment evaluators or agencies do you use the most in King County?

Although, it varies somewhat, my clients have used the following alcohol/drug evaluators or agencies frequently.  

See links: 

Assessment & Treatment Associates

Jill Loveland Associates

Associated Behavorial Health