Ronnie Rae:
A single charge of driving under the influence (DUI) or driving while intoxicated (DWI) could change your life forever. It could cost you jail time, thousands of dollars in fines, and possibly even the loss of future job opportunities. The truth is that a DUI charge does not always result in an automatic conviction. There are many ways to challenge a DUI. Protect yourself against the serious consequences and make sure you know your rights. You should also understand the criminal law process before going to court. Ronnie Rae will help to answer all your questions and help you achieve the best outcome possible for your DUI charge.
If you are pulled over for a DUI, you have rights that you may exercise at the time. Although you may not exhibit any signs of drunk driving such as swerving, stopping or starting prematurely, or turning with a wide radius, police officers can still pull you over for something such as a broken tail light, and question you about whether youÕve been drinking. Below you will find a comprehensive guide of what to do if you are pulled over for driving under the influence, and what the court process will entail in the future.
- Rights of the Accused
- What Police Officers May Not Tell You
- After a DUI Arrest
- Arraignment
- Pre-Trial Conference
- Motions Hearing
- Readiness Hearing
- Trial
- Plea
- Sentencing
- Department of Licensing Hearing
- Occupational DriverÕs License
- DUI Penalties
Rights of the Accused
An officer may pull you over for any number of reasons, although roadblocks and stopping you on suspicion without any visible evidence is not legal. If you are pulled over for driving under the influence, you should know your rights.
What Police Officers May Not Tell You
At the time of your arrest there are several decisions you have to make. You also have rights to protect you during this time. However, officers seldom inform their suspects of these rights.
1. You Do Not Have To Answer Any Questions
If you are pulled over for driving under the influence of alcohol, you do not have to answer any questions without a lawyer present. Officers may not always inform you of this right. For example, they may ask if youÕve been drinking and how much youÕve had to drink.
Although you are not required to answer this question, it may behoove you to tell the officer youÕve had one or two beers if that is the case. In this situation, that may explain the smell of alcohol. However, you should never lie. If you lie during your arrest, it could hurt your credibility later in court. If you feel uncomfortable answering the question, it may be better to politely decline to answer and seek the advice of a lawyer.
2. You May Refuse a Field Sobriety Test
Taking a portable breath test or submitting to field sobriety tests such as the one-leg stand or the heel-to-toe test on the roadside is voluntary. Most officers, however, will not share that information with you. If you do refuse the portable breath test, officers will usually arrest you for DUI. A refusal will not be admissible if your case goes to trial, and you will not lose your license because you refuse a roadside test.
You will have to take an official breath or blood test at the police station to determine your blood alcohol content (BAC). Do not confuse this test with the portable breath test in the field, because if you refuse to submit to a test at the station you will automatically lose your license for one year.
3. You Do Not Have To Consent To Any Search
If the police ask to search your person, property, or vehicle they will need a warrant, except in the following circumstances:
- They may search you or your vehicle if you are arrested.
- They may search you and the immediate area for weapons.
- They may search you in emergency situations, or if they have cause to believe evidence may be destroyed before a warrant is obtained.
- They may search your car if they are placing it in impound.
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After a DUI Arrest
After a DUI arrest, there will be a substantial number of legal issues to consider. Below, you will find the legal steps we will take during the trial process. In any situation, you should not just enter a plea of guilty for convenience. Let Ronnie Rae negotiate your case for you, and guide you through the legal process.
Arraignment
You will be required to appear at the arraignment hearing. There are three key purposes to this hearing: to advise the defendant about any charges against them, to present conditions of the defendantÕs release (which may include posting bond), and to ensure that the defendant is aware of all of his or her rights. Your arraignment date will be given to you on your citation on the day of your arrest, or your court summons may arrive by mail. You will also be given a future court date at your arraignment.
Pre-Trial Conference
There may be more than one pre-trial hearing. Your attorney will present your case to prosecutors during and between your hearings to negotiate a resolution. By pointing out holes in the prosecutionÕs case, or raising likely arguments, your lawyer may be able to reduce your charges or come to another favorable resolution.
Motions Hearing
If your attorney and prosecutors cannot come to a resolution that is favorable to you, defense council will file to suppress certain pieces of evidence against you, or to have charges dropped. The prosecutor may also request that evidence against you be introduced at this time. Successful DUI cases often depend on this very important part of the process.
Readiness Hearing
If negotiations fail entirely, this is the final meeting where both sides of a case come together to discuss whether theyÕre ready to go to trial. Pleas can still be entered and negotiated right up to this part of the legal process.
Trial
You have the right to a trial by a six-member jury. You may also choose to waive that right and hold your trial before a single judge. However, the prosecution has the option of filing for a trial by jury even if you request to hold your trial before a judge.
Plea
If you reach an agreement with the prosecutor, you will not go to trial, but instead you will enter your plea. ItÕs possible you will plead guilty to lesser charges.
Sentencing
If you are found guilty or enter a plea of guilty, the judge will impose a sentence. In Washington, the penalties for DUI could include jail time, community service hours, fines, home monitoring by electronic devices, treatment for alcohol or drug abuse, installing an ignition interlock on your vehicle, and more. Sentences are based on your prior record and the percentage of alcohol in your blood at the time of arrest.
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Department of Licensing Hearing
A DUI charge is unique because it carries with it not only the possibility of jail time and fines in criminal court, but the Department of Licensing (DOL) may also take away your license. Very seldom will the outcome of one decision affect the other. Even if your DUI charges in court are reduced or dismissed, the Department of Licensing may still suspend your license.
From the time of your arrest, you have 30 days to contact the Department of Licensing and request a hearing. This should be a top priority because if you donÕt request the hearing within the allotted time, the DOL will automatically revoke your license.
Your hearing will most likely be a phone conversation between you, your lawyer, and a DOL examiner, and will be held less than 60 days from your arrest. These are difficult conversations and often take extremely strong arguments to succeed. We have the experience to represent you in these hearings. Contact Ronnie Rae, Attorney at Law for a free consultation today.
If you do lose your license for any period of time, you will need to get high-risk SR-22 insurance before you can get your license back. This type of insurance is usually more expensive.
Occupational DriverÕs License
If your license is suspended, you may apply for an occupational driverÕs license to use for transportation to and from work or school, to a healthcare facility, to any destination in order to provide care for a dependent, to participate in community service, or to a substance abuse program. There is a waiting period to obtain one of these licenses if you are convicted of a DUI. You will not be able to obtain one for 30 days for a first conviction, 90 days for a second conviction, and the first year after any subsequent DUI convictions. There is also a $100 fee to apply for your occupational driverÕs license. If your application is denied, this fee will not be refunded.
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Penalties for DUI
In the state of Washington, you may face up to one year in jail and/or $5,000 in fines for your first DUI conviction. The minimum penalty for DUI is 24 consecutive hours in jail, and $823 in fines, with a minimum of five years probation. Your license will also be suspended for up to 90 days. Additionally, an ignition interlock device will be applied to your vehicle for one year following your mandatory license suspension. Those that have more than one DUI conviction on their record will face harsher penalties.
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Contact a DUI Attorney Today
Decisions made at the time of your arrest can affect the outcome of your case. If youÕve been arrested for DUI, you need reliable legal counsel as soon as possible. Contact Ronnie Rae today for a free review of your case.