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Seattle DUI Lawyers H

• Matthew Hale: The arraignment is the first court appearance that you must attend after being arrested for DUI. When people are initially stopped and arrested for DUI, there are several things that may happen. First, they may released and told that they will receive notice of an arraignment date in the mail. Second, they may be released with a court date. Third, they may be held in custody until the arraignment date. At the arraignment, the prosecuting attorney will formally charge you with DUI and then ask you to enter a plea to the charge. You should always enter a plea of not guilty at the arraignment. Even if the evidence against you appears to be overwhelming, you need to plead not guilty so that you can see all of the evidence before making a decision that will affect the rest of your life. Also, you should always reserve your right to a speedy trial within 90 days and your right to a jury trial. The arraignment is also the time that the prosecutor may ask for conditions of release. Sometimes, the prosecutor will ask that you not be released without posting bail. If this is your first offense and you had a relatively low amount of alcohol in your system, then the typical condition of release is that you not drink until the case is resolved. If you have prior offenses, then the conditions can include mandatory attendance at AA meetings, the imposition of an ignition interlock device on your vehicle, or the imposition of bail. After your arraignment, you will be given notice of your next court date, which is the pre-trial conference. All court dates are mandatory, unless your attorney specifically tells you otherwise.
• Joyce Heritage: A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Washington carries with it heavy penalties, including:
  • A permanent criminal record
  • Suspension or loss of license
  • Increased insurance rates
  • Community service
  • Possible jail or prison time
  • Alcohol assessment and treatment
  • Probation
  • Vehicle immobilization or forfeiture
  • Serious fines
  • Possible job loss

  If you have been arrested or accused of drunk driving, DUI, DWI, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.

• Kevin Hogan: In a criminal proceeding each side has the opportunity to present an opening statement to the judge or jury. The prosecution presents its opening statement first and then the defendant presents his opening statement. In some states, the trial judge permits the defendant to defer giving his opening statement until the close of the prosecution's case.
• Matthew Honeywell: Were you charged with DUI? A DUI (also called DWI) charge can have serious consequences, even on a first offense. Mandatory penalties for a person convicted of DUI include jail time, fines, costs and assessments, license suspension, reinstatement fees, probationary license fees, installation of an ignition interlock device in your vehicle, high risk insurance (SR-22), and possible alcohol treatment. In addition to criminal charges, a failed or refused blood or breath test at the time of your arrest will subject you to adminstrative licensing proceedings before the Department of Licensing which generally occur 60 days after your arrest and are separate and independent from any criminal court proceedings. If you fail to request a hearing within 30 days of your arrest, your driving privilege will be suspended or revoked by deafult. As the DUI laws have becomeÊcontinually moreÊcomplex and the penalties increasingly severe, make sure your rights are protected.ÊContact our DUI defense law firm about your case. In addition to evaluating and challenging the evidence in your case, we will advise you about about alternative sentencing opportunities, keeping your driving privileges, and limiting the impact on your work, your finances, and your family life.
• Andrew Huff: 1. "I was arrested for a DUI but have not received a court date. Will I still be charged?"
   
  Yes. Once you are arrested for a DUI, the officer can either give you a date to appear in court or you will be sent a notice to appear later. Most police agencies usually do not give individuals a court date right away and instead let the prosecuting attorney and court notify you when to appear. The officer must provide you a hearing request form for the Department of Licensing.
   
  2. "Is my hearing with the Department of Licensing different from my court hearing?"
   
  Yes. Two separate procedures will occur when arrested for a DUI. First, the Department of Licensing will try and suspend your license but you are given an administrative hearing if you request it within 30 days from the date of your arrest. This hearing is less formal than the criminal procedure and is conducted either telephonically from our office or in-person at a local Department of Licensing office. We aggressively represent you in the administrative and court proceeding.
   
  Second, you will be prosecuted for a DUI by way of a criminal proceeding in either state or municipal court. Your first hearing is an arraignment. This is normally your first appearance in court and the time when you enter your plea of Not Guilty. Your next hearing is called a pre-trial hearing. If your case is not resolved by this point, a motion hearing is scheduled. A motion is a procedural hearing in which we try and suppress evidence in your case such as the breath test, field sobriety tests, statements made to the officer, etc. Most cases do not proceed to trial, but if so the prosecuting attorney must prove beyond a reasonable doubt to a jury of six people that you are guilty of driving under the influence.
   
  3. "The officer punched a hole in my license. What does this mean?"
   
  If you provide a breath sample at the police station and the result is .08 or more if you are over age 21, or .02 or more if you are under age 21, the officer will punch a hole in your license. This means your license is now a "probationary license." Your license remains valid for 60 days or more until you are given an administrative hearing by the Department of Licensing.
   
  4. "I took a portable breath test"
   
  A PBT machine is a portable breath test device used by police to help them decide whether or not to make a drunk driving arrest. It is typically given at the roadside before the arrest and is usually not admissible in court.
   
  5. "Should I take the breath test or refuse it?"
   
  The DataMaster breath test at the station is the only breath test you should take. You do not have to submit to the portable breath test. But the law says that you will lose your license for at least one year if you refuse to take a legally requested DataMaster breath test. You are well advised to ask to speak with an attorney while at the station (they are available 24 hours a day by telephone in most Washington counties.).
   
  6. "I also performed the field sobriety tests. What do they mean?"
   
  The term "field sobriety tests" is really a misnomer. These "tests" currently approved by the Federal Government do not, according to the most recent research, measure impairment of the ability to safely drive a car. They do measure agility and the ability to do certain physical feats under extreme pressure. Field sobriety tests are not mandatory and there is no legal obligation to submit to the tests under Washington Law. Refusing the tests, however, will probably not prevent the driver's arrest and may even make the arrest happen more quickly. Refusing to perform them can be used against you in a trial.
   
  7. "What is a deferred prosecution?"
   
  Washington State law allows people charged with a DUI who suffer from alcoholism to complete treatment for this disease instead of being prosecuted. The law requires two years of treatment followed by three years of probation. If you complete all of the conditions including treatment and have no further convictions, your case will be dismissed. However, you must admit that you were driving under the influence. So if you violate your treatment program or are convicted of another crime, you will be found guilty of the DUI. State law limits you to only deferred prosecution whether you complete it or not.