The Immediate Consequences

A Washington State DUI is a very unique offense due to the fact that it consists of a criminal component and a civil component. The ways in which these two components begin are also very different. The criminal side of a Washington State DUI begins with a court date that you either receive from the officer at the time of your DUI arrest (rare these days) or that you receive in the mail from the court. Thus, in most Washington State DUI criminal cases, there is no time sensitive task that you need to accomplish except for making the important decision of who is going to represent you. The civil side on the other hand, is conducted by the Washington State Department of Licensing (DOL) and requires you to take the first action. Your role here is proactive.

The form (Driver's Hearing Request) that you should have received from the officer at the time of your DUI arrest must be postmarked within a certain timeframe or you will automatically lose your privilege to drive in Washington. Starting on January 1, 2009, the timeframe to request a DOL hearing has been REDUCED by the DOL from 30 days to 20 days (regardless of what your individual form states). If, at the time of your DUI arrest, the officer did not give you a form to request such a hearing, you can print one here (please contact an attorney to help determine whether or not you should request a DOL hearing if you did not receive this form from the officer). If you do not request a DOL hearing during the required timeframe, then it is very likely that you will automatically lose your driving privileges and your license will be suspended.

If you had a valid license at the time of your DUI arrest, and the officer punched a hole in it before returning it you, then it is still valid and you can continue to drive pending the outcome of your DOL hearing and your Washington State DUI criminal court case (assuming that the necessary steps are taken to defend both of these unique components).

The Washington State Department of Licensing

The DOL hearing is usually administered over the phone between your attorney and a Washington State Department of Licensing hearing examiner who is assigned by the DOL. There are some instances where you will play an active role in this hearing either through live testimony or a sworn affidavit. In addition, officers and expert witnesses can be subpoenaed to testify when necessary.

Under most circumstances, the DOL must afford you the right to this hearing within 60 days of the date of your DUI arrest. For better or worse, this process is a very rigid one. When deciding your matter, the Washington State Department of Licensing hearing examiner is restricted to very specific legal issues. They do not deviate from them and will not consider outside factors. For instance, whether or not you drive for a living or if you have to pick your kids up from daycare plays no role in the hearing examiner's final decision. Thus, in order to succeed, arguments for the defense need to be framed within these specific legal issues.

The amount of time that you can lose your license or privilege to drive is decided by specific guidelines dependent on whether or not you have had prior administrative sanctions within the last seven years and whether or not you took the breath test. The Washington State Department of Licensing hearing examiner will not add to the suspension based on your facts nor will they reduce it; it is an all or nothing result with them.

Although you may represent yourself at the DOL hearing, your likelihood of success is not very high if you don't present the proper legal arguments. In most cases, the hearing examiner will take the arguments under advisement at the conclusion of your hearing. Depending on the individual hearing examiner, you will receive a written ruling in the mail within a few weeks. If you are notified in the written ruling that the administrative action has been cancelled, then you have won the DOL hearing. You can then go to any local DOL with the ruling and obtain a new license without the hole in it. If your license is suspended by the DOL, then the suspension will usually begin within a few days of receiving the letter.

Unless you are eligible to drive with a temporary license during this time, and until you obtain the proper requirements and documentation, do not drive. Your attorney will help you navigate through all of the DOL consequences and procedures in much greater detail.

The Criminal Court

The criminal court process for a Washington State DUI involves many different stages.

Arraignment

The arraignment hearing is mandatory in the State of Washington for DUI cases and it cannot be waived (this means that your presence is required). Your arraignment date will be given on your citation either at the time of your DUI arrest, or delivered later by mail from the court in the form of a summons. It is much more likely that it will be the latter and you will receive it directly from the court and not from the officer at the time of your DUI arrest. The arraignment hearing is held to advise accused persons of the charge(s) against them (and to allow for them to enter into a plea), their rights, and to also set any conditions of release pending the outcome of the proceedings. In most Washington State DUI cases, it is important to retain counsel at the earliest possible opportunity so that your attorney can advise you prior to the arraignment about what to expect and how to avoid or reduce cumbersome conditions of release, which may include the imposition of bail. Also, your attorney will appear with you at the arraignment to make sure that all of your rights are protected. Finally, the next appearance date, the pretrial hearing, will be set at this time.

Pretrial Hearing

Your first pretrial hearing will usually occur 30 to 45 days after your arraignment. You may have one or more pretrial hearings. In between the arraignment and the first pretrial hearing, your attorney will usually obtain the police reports from the prosecutor's office, begin to develop your legal strategy, go over all of these materials with you, and contact the prosecutor about your individual case and circumstances. These conversations with the prosecutor usually carry over to the pretrial hearing. This contact between your attorney and the prosecutor is when negotiations happen. If the parties can come to a favorable resolution and you are satisfied with the outcome, then this is the time when cases are often resolved. If no resolution can be reached, then it is at the pretrial hearing that your case will be set for motions and/or trial.

Motions Hearing

If your attorney and the prosecutor cannot reach an acceptable resolution to your case at the pretrial hearing, then it is often the case that your attorney will file motions to request the judge to suppress various pieces of evidence against you. If the motions are successful, then you and your attorney may be in a better position to either negotiate your case further with the prosecutor to an acceptable resolution or to be victorious at a trial on the merits. There are also certain circumstances where motions could result in your criminal case being dismissed by the judge.

Readiness Hearing

In some courts, the readiness hearing and pretrial hearing are the same hearing. The readiness hearing is the point where negotiations have ended and there is no acceptable resolution in your case; thus the two parties have to answer whether or not they are ready to proceed to trial.

Trial

You have the absolute right to a jury trial for a Washington State DUI case. This is a constitutional right and no one can take this right from you. If you decide to have your case tried in front of a jury, the jury will be made up of six of your peers. You do have the right to "waive" your jury trial rights and have your trial conducted before a judge without a jury; this is called a bench trial. Although it is unlikely, the prosecutor could request a full jury trial over your request for a bench trial. The reason this is allowed is because both sides have the right to a jury trial in the State of Washington. A jury trial for a Washington State DUI will usually last 1 to 3 days.

Plea

If you reach an acceptable resolution to your case with the prosecutor, then you will enter into a plea of guilty to the reduced charge that your attorney was able to negotiate on your behalf. This is called a plea bargain. When you enter into this plea bargain you give up very important constitutional rights such as the right to a trial, to have that trial within a certain timeframe, the right to cross exam witnesses, the right to testify under oath, the right to appeal a verdict of guilty, etc. It is therefore extremely important that you are sure of your decision. Once you enter into the plea and the judge accepts it, you cannot change your mind.

Sentencing

If you enter into a plea of guilty or are found guilty after a trial, then the judge will impose a judgment and sentence against you. This sentence will vary depending upon the plea bargain that you entered into, the recommendations made by the prosecutor, any prior convictions that you may have and so on. The penalties can include jail time, electronic home monitoring, community service, work crew, fines and assessments, restitution, the loss of your driving privileges, the installation of an ignition interlock device, obtaining an alcohol evaluation and follow-up treatment, attending a victim impact panel, etc. Your attorney will fully explain the likelihood of any of these penalties with regard to your particular case.