Don’t assume you need to plead guilty to your DUI charge! The vast majority of our DUI and criminal defense clients do not plead to their charges and do not have jail time as part of their case resolution. However, not every city and county handles DUIs the same way. Where you are charged with DUI can make ALL of the difference!
Do The Options For Resolving My Case Depend On Where I Got My DUI?
Absolutely! For example, if your DUI is in Thurston or Kitsap Counties or cities such as Olympia, Tumwater, Lacey, Port Orchard, Poulsbo, Bremerton, or Bainbridge Island and you call our office, there is a good chance we are going to be able to take your case. However, outside of those counties or cities, there is a good chance we will turn you away.
Certain counties are known for being impossible to work with when it comes to negotiating DUI cases. That means everyone has to plea or go to trial. A lot of people don’t have the money to hire experts and go to trial so they plea to charges they perhaps should not.
That’s not an environment that most experienced defense attorneys want to practice in. This is why we practice in Thurston and Kitsap and know everything there is to know in the cities and counties where we practice!
Kitsap & Thurston Counties Are Our Favorites For DUI Cases
We are fortunate that, after 25 years, we have settled into the cities and counties we enjoy and where we have developed a solid reputation with prosecutors and judges. One of the benefits to this experience is having a clear understanding of how cases with certain fact patterns can resolve.
Whether it is a Lacey Municipal Prosecutor, an Olympia Prosecutor (now prosecuted by Thurston County District Court Prosecutors rather than city prosecutors), or a Kitsap District Court Prosecutor, we know the local protocols, procedures, and preferences for handling DUIs.
PDAs & SOCs For 1st DUI With No Special Allegations or Refusal
If you are in any court in the Kitsap County area, a first time DUI (if no special allegations) can typically be put on a Pretrial Diversion Agreement (PDA). It takes some negotiating but it is typically within the realm of possibilities.
Thurston County DUIs have a somewhat similar mechanism for reducing a first time DUI but it takes shape in the form of a Stipulated Order of Continuance (SOC).
Basics of a DUI SOC
An SOC is a contract between the defendant and the prosecuting authority.
It is NOT a plea of guilty.
The terms of the contracts vary on a case by case basis, as does the duration.
SOC’s can end in full dismissal of charges, or they can end in amendment of charges to lesser charges.
The SOC applies only in Thurston County District Court (which now includes Olympia Municipal).
This SOC is not available in Thurston Superior Court.
The Contract Between The Prosecuting Authority and Defendant
An SOC is a contract negotiated between the prosecuting authority and the defendant. The Court does not take part in the negotiations, nor does it set the terms of the agreement.
The Court’s role is only to verify that the defendant understands the agreement, to supervise compliance with the agreement, and to sentence the defendant if they are terminated from the agreement.
The Procedural Side of Entering An SOC
The defendant is informed of the charges they are currently facing and what the maximum penalties are.
The SOC includes a speedy trial waiver, the duration of the waiver being 90 days after the negotiated end date of the SOC (for example, if the SOC is for 1 year, the waiver will be for 1 year and 90 days)
It will provide the terms of the agreement, which includes not committing any new crimes. However, depending on the facts of the case, it may have other conditions as well.
Typical requirements of a DUI SOC (beyond just law-abiding behavior)
The SOC may include monitoring by Probation, assessments and treatment, restitution, prohibitions against certain areas, no-contact orders and mandating a valid license and insurance. This list is not exhaustive.
The defendant must agree that they will be in full and complete compliance with the SOC in order to receive the benefit of their bargain. Partial or substantial compliance will not suffice.
If the defendant does not complete the terms of the agreement fully and without new law violations (traffic tickets don’t count), the prosecutor will file a Motion to Revoke. This has the effect of revoking the SOC and allowing the judge to (most likely) find you guilty based the record (the discovery in the file).
The SOC requires a waiver of some important constitutional rights
1. Waiving the right to a trial by jury,
2. Potentially being subject to travel restrictions,
3. Upon revocation of the SOC (if the defendant violates the agreement), the facts contained in the police reports will be the only facts to be considered by the judge to determine guilt or innocence. The defendant will not be able to submit any facts for the purpose of determining guilt or innocence,
4. A stipulated facts trial would consist only of the Court reading the police reports along with any other associated discovery previously provided to the defense. By entering the SOC, the defendant stipulates to the admissibility of this material.
5. The entry of the SOC is not an admission of guilt, but in the event that a stipulated facts trial were to occur, the Court will make a determination based on the stipulated facts and decide if the elements are proven by the State beyond a reasonable doubt.
Is A SOC Always An Option?
First time DUI cases can be easy or challenging to resolve depending on the “extras” of the fact pattern. If the driver caused an accident (even just rolling into a ditch!), had a minor child or passengers in the car, refused the breathalyzer, blew over 0.15 on the BAC, or had other factors that the prosecutor finds egregious, a PDA or SOC may not be possible.
That doesn’t mean there aren’t other options short of pleading guilty. It just means that you need to get your advice from a DUI defense attorney rather than searching the internet. The only way to know what options are available to you is to hire a DUI lawyer in the city or county you are being criminally charged who knows how your case can resolve. Finally, don’t waste time researching generic information or delaying due to anxiety because there are critical deadlines on DUI cases that you could blow right past!
