1. You have rights. Some jurisdictions have a different process, and the following information does not apply to every DUI in Washington State, but this is the likely path: Step 1- Arraignment. When setting the conditions of release the court considers many things, including whether there is any prior history, the BAC results (or refusal to take a breath test), and whether there were any aggravating factors (accident, passengers, etc.). License revocation: Your license will be revoked for 2 years if your BAC was less than .15% and for 3 years if BAC was .15% or greater, or you refused the chemical test following a second offense. But if no continuances are necessary and there is no plea agreement, the judge will set your case for motions and/or trial. Postal Service weeks or months after the date of a person's arrest. The purpose of this hearing is for the defense and prosecution to discuss the case to see if there is a way of resolving the case short of trial. If you took a blood test, there will likely be a span of several months before those results are processed and released by the State Toxicology Lab. Trying to navigate an administrative hearing on your own to try and save your driving privilege will be like throwing the $200 fee to request the hearing down the drain. This is true even if you are found guilty at a jury trial - the judge who oversaw the case would impose any sentence without input from the jury. This is a substantive hearing where there are challenges to the case against you. DUI convictions almost always result in fines. A judge may also order conditions such as the requirement to have an ignition interlock device installed on any vehicle you drive, electronic home monitoring (EHM), SCRAM alcohol monitoring device, or bail money. Use this contact form if you are facing a DUI and want to talk with me about your case, your rights and your options. Consumer Protection Act. I pride myself in giving personalized and prompt attention to your case. Depending on your circumstances, you may decide that a bench trial is preferred over having a jury decide on the issues of facts in your case. You have two options if you're facing a trial: You can either choose a trial by jury (six jurors) or simply have a bench trial which means that only the Judge decides your case. There are other factors that may create delays, but you should expect that all evidence in your case has been collected by the end of your contact with the arresting officer. Target Zero Teams have placed full-time Washington State Patrol DUI squads in King, Pierce, Snohomish, Yakima and Spokane counties. (this varies with county and the municipal court) A Discussion of Washington State DUI, Physical Control, Felony DUI, Vehicular Assault, Reckless Driving, Reckless Endangerment, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. Fines: The mandatory minimum fine amount is $940.50 up to $5,000 max. Everyone charged with a Washington state DUI / DWI, must go through a legal process in court and with the Department of Licensing. When you are arrested for a Washington DUI, sometimes the criminal process begins immediately, with a court date within a few days of the arrest. While the order of events may sometimes vary depending on the courthouse, this is a general outline of the DUI process in Washington State. My goal for you is (1) to avoid a DUI conviction and (2) to shoulder the stress of the situation, so that you don't have to do so. A second offense violation while carrying hazardous materials will result in a permanent CDL revocation, you will never be able to drive or operate a CMV again. The first formal hearing in a Washington State DUI case is called an "Arraignment". Contact an Experienced DUI Attorney in Washington State Today. Then, many different things can happen. Many DUI cases are resolved with a plea to a reduced criminal charge. Fines: The mandatory minimum fine amount is $1,195.50 up to $5,000 plus all associated court costs. Please note: A recent change in Washington law makes a fifth DUI in 10 years a class C Felony also known as a felony DUI. If you took a breath test, you will receive a ticket showing two results taken by the officer. Health Professions Mandatory Reporting. A DUI can be dismissed either by decision of the prosecutor, order of the court after motion hearings or by an acquittal after a jury or non-jury trial. A Washington DUI case has two distinct parts: the criminal side and the Dept. Many others (such as King, Snohomish, and Pierce counties, and cities of Kirkland, Bellevue, and Redmond) file via investigation, meaning once you're released, a report is submitted to the prosecuting attorney's office and the local prosecutor files the charge at their discretion. Few people have previous experience upon which to fall back. If an officer asks you to take the field sobriety test, just kindly refuse his request). Generally, Courts outside of King County and the Seattle Municipal Court will typically give you a court date 48 hours in advance upon your DUI arrest. Your 2015 Community Resource for DUI and Criminal Traffic Defense in Washington State. Drivers who commit a third DUI in Idaho will be sentenced to jail time from 30 days to 10 years, need to pay a driving fine of up to $5,000 and have a driver's license suspension from one to five years. You will also have to pay a license reinstatement fee to the DOL. Outside of Seattle, it is more common to not receive any information about a court date. A first or second DUI is normally a gross misdemeanor, which means that a conviction will result in a mandatory minimum sentence of 1-2 days in jail or 15-30 . An additional 24 hours is added on if a minor under 16 was in the vehicle. NOTE: COVID related delays has significantly affected this timeline, courts are attempting to work through this backlog of cases, but delays of multiple months to over a year are not uncommon. The arraignment hearing is mandatory in the State of Washington for DUI cases and cannot be waived. Learn what you need to know here. If the court reduces the charge from DUI to Reckless Driving, Negligent Driving, or . At the arraignment, the court will determine the conditions of your release. Forward a copy to the state where you're licensed. On this page you'll find definitions of DUI offenses in Washington, some of the common penalties for DUIs, and the steps you may need to take to reinstate your driver's license. A second offense or two offenses within a 7 year period in the State of Washington is a Gross Misdemeanor offense and carries the following penalties: Jail time: A second offense conviction may result in a minimum of 30 days in jail up to a maximum of 364 days in jail depending upon the circumstances surrounding your case. Most jurisdictions will file charges between one and six weeks of the arrest, but some take several months**. Its broad reach and purpose are to promote a fair, competitive and nondeceptive marketplace for the benefit of buyers and . A first offense DUI conviction in the State of Washington is a Misdemeanor offense and carries the following penalties: Jail time: The mandatory minimum jail sentence for BAC of less than .15% is 24 hours up to 364 days. NOTE: If you have been accused of DUI in Washington State, it is in your best interest to have legal representation at every court appearance. The DOL has the power to suspend your driver's license based upon a DUI arrest. If you have just been charged with a DUI in Washington State, you are understandably focused on the criminal consequences. A third offense within a 7 year period in the State of Washington carries the following penalties: Jail time: A third offense conviction may result in a minimum of 90 days in jail up to a maximum of 364 days in jail depending upon the circumstances surrounding your case. At the hearing a hearing officer is going to review all of the evidence presented by the arresting officer and hear testimony from the officer, under oath. Attorney Aaron Wolff will respond within the next two hours. In the end, it is your decision whether to accept a plea bargain. Plea bargaining is the process we must go through to get DUI plea deals. The driver has to mail the form to the Department of Licensing (DOL) along with a $375 hearing fee within 7 days from the arrest. If a lapse in coverage occurs, the Washington DOL will immediately revoke your license and you will be required to re-file an SR22 form with the DOL before they will issue you another license. Before the Washington State Department of Licensing will reinstate your license following your revocation period you will be required to show proof of financial responsibility in the form of a Washingwton SR22 policy that meets the states minimum auto insurance liability coverage limits. I am an experienced DUI lawyer in Washington state. Misdemeanors in Washington: Sentences and Examples. Statutes | Washington State. The minimum sentence goes up to 48 hours for a BAC greater than .15% or a test refusal. The readiness hearing is usually a few days to a week before trial. If an officer stops you and suspects a DUI, they will usually administer Voluntary Field Sobriety Tests (FSTs). When you make your request for a hearing make sure you get an administrative hearingand not just an administrative review. Refusing to submit to a breath or blood test might deprive the . There is also a $200 fee for requesting a hearing. A delayed notice of your court date does not mean the arrest is forgotten or dismissed. Determine whether or not the arresting officer established probable cause that you were in fact driving under the influence. Washington First Offense DUI – First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and more. You may be booked into jail or just released. The prosecutor has up to two (2) years to charge you with a Washington DUI. All states have implied consent laws. The Washington State Patrol's Impaired Driving Section runs the agency's Evidential Breath Test, Drug Evaluation and Classification, Standardized Field Sobriety Testing and Ignition Interlock Programs, and coordinates deployment of the Mobile Impaired Driving Unit. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed. A person with no prior DUI offenses may face a 90-day license suspension or a fine up to $5,000. Probation: A first offense will result in a period of probation of 2 – 5 years. In other words, knowing what is coming your way will greatly reduce the amount of stress you feel when fighting a DUI charge. of Licensing Administrative process Fines: The mandatory minimum fine amount is $2,045.50 up to $5,000 plus all associated court costs. It is possible that instead of being released, you will be booked into jail.
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