AGGRESSIVE AND PERSONALIZED DUI DEFENSE
You have just been pulled over by a police officer or been involved in an accident and charged with a DUI. What happens next?
DUI Defense Overview:
A Driving Under the Influence (DUI) charge in Washington is a criminal offense that carries mandatory penalties upon conviction and also initiates a civil procedure through the Department of Licensing (DOL) regarding your driver’s license. It is important for you to have an attorney that will aggressively and effectively handle both matters. A DUI charge is a serious charge that can have a substantial impact upon you. Retaining a defense attorney shortly after the arrest is imperative so you can attempt to preserve your driving privileges and have an attorney present at your initial hearing to serve as an advocate for you because the court will be setting the conditions of your release while the case is pending.
The criminal offense of DUI is considered a gross misdemeanor, meaning that the charge carries a maximum penalty of 365 days in jail and a maximum fine of $5,000. Additionally, a DUI conviction carries mandatory jail time, fines, ignition interlock device, lengthy probation period and other non-negotiable sanctions even if you have never had a prior conviction.
In Washington the current law allows a driver to be charged with a DUI if there is a breath or blood alcohol (BAC) content that is .08 or higher. The law also allows a driver to be charged with a DUI if the officer requests a breath or blood test and the driver refuses to submit to the test. Lastly, in Washington the law also allows a driver to be charged with a DUI even if the breath test is less than .08 when the prosecutor’s office believes that the driver’s ability to operate a motor vehicle was appreciably affected based upon the observations of the officer.
A person can also be charged with a DUI who is under the influence of an illicit drug or a prescription drug.
The Administrative Process:
Once you have been arrested for a DUI if you submitted to a breath test that is .08 or higher or you refused to submit to a breath test the officer will punch your driver’s license. Once the officer punches your license it is considered a temporary license and is valid for 60 days from the date of the arrest. At this point the administrative process has begun and you need to be proactive in order to contest the suspension/revocation of your license. It is important to keep in mind that this process is completely separate from the criminal case that is going to be filed.
The Officer should provide you with a request for hearing form that you will need to fill out and mail in with the required fee within 20 days of the incident. Once the request is received by the DOL a hearing will be scheduled to contest the proposed suspension/revocation of the driver’s license. If you do not request a hearing in a timely fashion than it is more likely than not that you will lose your privilege to drive by having the DOL suspend or revoke your license. If your license is suspended/revoked you will be required to secure expensive high risk (SR-22) insurance to reinstate your license.
The Criminal Process:
Arraignment:
Your first appearance in court is called the arraignment. At the arraignment the prosecutor will formally advise you of the charge(s) that are being filed against you and you will enter a plea of not guilty. Your appearance at the arraignment is mandatory and cannot be waived. You will also be advised of your constitutional rights at your arraignment. The court will then set the conditions of your release. By setting the conditions of your release the Judge will take into consideration whether you are a flight risk or whether you pose a danger to the safety of the community. The conditions of your release could require you to post bail, have an ignition interlock device installed in your motor vehicle, submit to electronic home monitoring and abstain from consuming alcohol or any non-prescribed medications. It is important to have an attorney present at your arraignment to serve as an advocate for you to persuade the court to impose the least restrictive conditions concerning your release.
Pre-Trial Hearing:
Your next scheduled hearing will be the pretrial hearing. Between the arraignment and the pretrial hearing your attorney will be examining the police report and other discovery to determine what legal issues may be present that are favorable to your case. In addition, your attorney will be conducting the necessary investigation and start negotiating your case with the prosecuting attorney. During this period of time your attorney will be seeking to have the prosecutor agree to have your case reduced to a lesser offense, traffic infraction or another gross misdemeanor offense that does not carry mandatory minimum penalties like the offense of DUI. If a plea agreement is not possible your case will be set for trial.
Motions:
In most instances, once a case is set for trial your attorney will note a motion hearing. The purpose of the motion hearing is to attempt to suppress particular evidence against you. This evidence may consist of physical evidence, like the breath test or it may consist of statements you made to the officer that your attorney may seek to have suppressed. By proceeding with a motion hearing your defense attorney is attempting to have evidence suppressed in order to better position your case for trial or to obtain a new offer from the prosecutor.
Readiness Hearing: At the readiness hearing the parties are required to advise the court if the case is ready for trial or if there are any other issues that need to be addressed. Sometimes at the readiness hearing a new offer is extended and the case is resolved or the parties may agree to continue the trial date so a new readiness hearing and trial date will be scheduled. When the parties involved declare ready the case is formally scheduled for trial.
Trial:
Electing to have a trial is your option if the case is not resolved via a plea agreement, pre-trial diversion agreement, deferred prosecution or a dismissal. You can elect to have a jury trial, which involves having six jurors decide your case or a bench trial wherein the judge will determine your guilt or innocence. At a trial, testimony is taken from witnesses which may include the police officers involved, state toxicologist and any other parties. Your defense attorney will also discuss with you the possibility of providing testimony in your defense. However, as the defendant in the case you are not required to provide any testimony or present any evidence since the burden of proof, beyond a reasonable doubt, is on the State or City. After all of the evidence is presented and testimony has been completed the jury or the Judge will render a verdict of either not guilty or guilty.
Appeal:
If you elected to take your case to trial and were found guilty you have a constitutional right to appeal the finding of guilt.
Deferred Prosecution:
This is an alternative to the traditional options available in a criminal case. You must qualify to be able to enter into a deferred prosecution for either alcohol, drug or mental health issues. If you qualify to enter a deferred prosecution it must be approved by the Judge. A deferred prosecution requires that you enter into an intensive two year treatment program through a state certified alcohol/drug treatment agency. By entering into a deferred prosecution you are foregoing a prosecution for the underlying charge. If you are successful and comply with the terms of the deferred prosecution the charge against you will be dismissed at the end of the proscribed period of time which is three years after the completion of the treatment program but no earlier than five years from the date you entered the deferred prosecution.
Plea Agreement:
If an agreement is reached in your case for a reduced charge or some other resolution you will be entering what is referred to as a plea agreement. A plea agreement may involve you pleading guilty to a different charge or entering some sort of diversion agreement. A DUI may be amended to Reckless Driving, Reckless Endangerment, Negligent Driving or whatever else your attorney may have negotiated for you. A plea agreement on a DUI case can be very beneficial to you by enabling you to avoid the serious mandatory penalties that a DUI conviction carries.
Sentencing:
A sentencing will occur if you enter a plea agreement or are found guilty at trial. At the sentencing the parties involved make their recommendations. The Judge will consider the recommendations of the parties and may follow a recommendation or impose a sentence the Judge deems more appropriate.
The information provided above is a brief summary of the process for informational purposes only. It is important for you to talk to an attorney concerning the facts of your specific case to obtain additional details so that you have a full understanding concerning all aspects of your case and your rights. Contact the Law Office of Edward H. Becker III today for a free consultation.
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