David Kennedy:
Once you are arrested for a DUI, you face
two completely separate tribunals; the
Department of Licensing; and the Criminal
Court. With few exceptions, what happens in
one will not affect the other. For example:
If you have your case reduced from DUI to
the lesser charge of Negligent Driving in
the First Degree, you will still have to
defend yourself at the Department of License
hearing for Driving Under The Influence.
In most cases the police officer should
give you a DOL Hearing Request Form at the
time of your arrest and release.
You must request a
DOL hearing within 30 days of your arrest.
If you do not, you will be found guilty and
your license will be suspended!
If you had a valid license when you were
stopped for DUI, you will be able to drive
pending your DOL hearing or suspension from
the criminal court (whichever comes first).
So, requesting your DOL hearing needs to be
at the top of your list of things to do.
Please contact our
office for details regarding this important
step. Strategy is everything!
DEPARTMENT OF
LICENSING HEARING:
The DOL hearing will usually be
administered over the phone between a
Department of Licensing Hearing Examiner and
you and your attorney. Special requests need
to be made and approved to obtain an
in-person hearing. Your hearing will be held
within 60 days of your arrest. Since the DOL
is a creature of the civil end of the law,
the burden of proof that they bear is much
less than in the criminal court.
Arguments for the defense need to be very
compelling to succeed. You can represent
yourself, but remember that the DOL Hearing
examiner on the other end of the phone is a
trained lawyer.
You will either be given a ruling at the
time of the hearing or receive notice by
mail at a later date. If your license is
suspended by the DOL, do not drive.
CRIMINAL COURT
PROCESS:
The criminal court process involves
several processes including arraignment,
pre-trial conference, motions hearings,
readiness hearing, if necessary, trial or
plea and of course, sentencing.
Arraignment:
The arraignment hearing is mandatory in
Washington in cases involving DUI and cannot
be waived. Your arraignment date will be
given to you at the time of arrest on your
citation or delivered later by mail in the
form of a summons. The arraignment hearing
is held to advise accused persons of the
charge(s) against them, their rights, and to
set any conditions of release pending the
outcome of the proceedings. In most cases
involving DUI it is important to retain
counsel at the earliest possible
opportunity. The attorney will be able to
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, the
next appearance date, the pretrial hearing
will be set.
Pre-trial
Conference: You will then experience
one or more pretrial hearings. The time
before and between pretrial hearings is when
your attorney will present your case to the
prosecutor. This is where the negotiations
happen. Your attorney will negotiate the
best resolution possible for you by pointing
out any flaws in the State's case and
presenting likely arguments that may be
raised later at motions or trial.
Motions Hearing:
If your attorney and the prosecutor cannot
resolve your case at the pre-trial
conference, your attorney will file motions
to suppress various pieces of evidence
against you and/ or to dismiss the case.
Success or failure in a DUI case often
depend on the motions briefed and filed by
defense counsel. This hearing usually takes
place between 3 and 6 months from the
commencement of your case.
Readiness Hearing:
In some jurisdictions in the state of
Washington, the readiness hearing and
pretrial hearings are one-in-the-same. The
readiness hearing is the point where
negotiations have failed and the two parties
have to answer whether or not they are ready
to proceed to trial. Often, deals are struck
and pleas negotiated right up to this point
in the process.
Trial: You
have the absolute right to a jury trial for
a DUI case. However, you also have the right
to 'waive' your jury trial rights and have
your trial conducted before a judge without
a jury. A jury trial will usually last 2 to
3 days. A jury for gross misdemeanors like
DUI will consist of 6 members.
Plea: If you
reach an agreement with the prosecutor or
you are found guilty at trial, you will
enter a plea of guilty to the charge of DUI
or whatever more favorable resolution that
your attorney was able to negotiate.
Sentencing:
At the conclusion of your case, the judge
will impose a final sentence. This sentence
will vary depending upon the plea bargain,
recommendations from the prosecutor, prior
convictions and so on. (Please See DUI
PENALTIES PAGE). The penalties can include;
jail time, electronic home monitoring,
ignition interlock, community service, fines
and fees, restitution, treatment for
substance abuse and more. Your attorney can
fully explain the likelihood of any of these
penalties with regard to your particular
case.