Both Kitsap and Thurston counties as well as most cities in those areas will use zoom as their virtual platform. Seattle Municipal Court uses WebEx video/telephone conferencing. 

If you are a Witt Law Group client, we will send you a link to court prior to each hearing date. However, prior to your court date, you should download the app on your computer and phone. It is best to have it prepared on multiple devices.

First, you need to download the Cisco WebEx Meetings application from your app store. For iOS you can find the app here. For Android users, you can find the app here.

To find the step by step directions from Seattle Municipal Court regarding WebEx, click here.

At your Arraignment, the judge will set conditions of release. These are set for the purpose of securing your appearance at the next hearing as well as protecting the community.

One of the unique aspects of Seattle Municipal Court is that, while they are fairly reasonable for negotiations, the prosecutor and judge tend to be fairly harsh at your initial hearing. They are big fans of requiring SCRAM bracelets and random urinalysis (UA) screening while your case is pending. The only other court we tend to see these requirements in is Bremerton Municipal.

Due to the burden and uncertainty of random UAs, we try to resolve our City of Seattle cases with a greater sense of urgency. Considering UAs and SCRAM bracelets can create logistical challenges as well as false or “presumptive” positives, we want to reduce the time period in which these can happen. Therefore, we will ask our Seattle clients to complete their unique “to do” list (assigned by Ryan) as quickly as possible.

Warning: The phone tree for Seattle Municipal Court Probation is inaccurate. It was recorded during Covid and has not been updated. If you hear a prompt for “UA color of the day,” this no longer applies. If you are assigned to do UAs at your Arraignment, they will be random and no longer on a give “color” day.

To learn more, we have provided the stages of a criminal case at the top of our DUI overview page.

The short answer is no. There are options for dismissing and reducing charges but you need the guidance of an experienced defense attorney to prepare your case for the best result.

Day reporting is unique to Seattle Municipal Court. It is an option for defendants who do not have money to post bail or have a bad history of following through on their conditions of release.

The defendant must report daily to the Day Reporting Program at the Justice Center. If you are charged with a DUI, you will have to submit to a breath test (BAC) or UA. If your test is positive, the Day Reporting office will forward the information to the court and prosecutor to determine what action will be taken.

Seattle Veterans Treatment Court 

If you were active duty, eligible for VA benefits, have an Axis I diagnosis or substance abuse disorder, and have a connection between your mental health diagnosis and your criminal charge, you may be eligible to seek a referral into this program. 

If you have a major mental health disorder, the Mental Health Court may be the alternative option. This Veterans Treatment Court is a structured program that requires major lifestyle changes and is not a guaranteed option for all veterans.

Mental Health Court

Like Veterans Court, Mental Health Court requires a referral. The primary consideration is whether the criminal activity is directly related to mental illness, developmental disability, or a brain injury. If accepted into the program, a participant is subject to regular review hearings before the judge, probation for two years that includes numerous meetings, and amenability to treatment, including mental health as well as substance abuse treatment. Participants may not use alcohol or any drugs during the two year program and are subject to regular drug testing.

Seattle Municipal Court previously had Community Court but that was discontinued in 2023.

Pretrial Diversion has also been discontinued.

Most people seemed surprised that courts around the state can be so different when it comes to hearing the same types of cases. Part of this depends on the culture of the prosecutor’s office as well as the past experience of the sitting judges. It impacts cases in terms of conditions of release, pre-trial motions, and potential alternative resolutions. 

The culture of a court is really a blend of the prosecutors, the judges, and the clerks. And, this culture can change quite quickly with elections or new hires. Some courts run well and the rulings seem fairly even (neither pro-prosecution nor pro-defense). Seattle is somewhat neutral but, if you had to choose a side, it would land slightly more pro-defense.

In Kitsap County, the vast majority of District Court judges were former prosecutors. In Thurston County, you see more of a mix of former prosecutors, defense attorneys, and those who have worked on both sides of the justice system prior to becoming a judge. In Seattle Municipal Court, you will see far more judges who have been defense attorneys and have worked on issues that are considered more progressive in nature.

As far as prosecutors, that is also a mixed bag. The culture in a municipal or county court can change fairly rapidly depending on the elected prosecutor as well as who the managing prosecutor has put in charge of the lower level deputy prosecutors. 

Since municipal courts tend to be smaller and handle fewer complex criminal cases, you will often find newer lawyers. However, Seattle Municipal Court is quite massive and handles a tremendous volume of criminal cases. Consequently, due to its size, you will find a mix of new as well as very experienced prosecutors in this court.

At the time of this writing, nearly all warrants can be quashed administratively. If you have a defense attorney, they will advise you on this process. If you do not have an attorney, reach out to the clerk’s office to ask about the protocol for quashing a warrant.

Why did the officer release me without any information about court?

What if I just “see how it goes” with public defense?

Can You Beat A DUI?

Absolutely! However, “beating” a DUI can be a complex challenge and is very fact-specific. Some people charged with DUI will have the complicating factor of serious criminal history. Some may have refused the breathalyzer and have a special allegation attached to the DUI charge. Occasionally, a person will be arrested for DUI but an accident also occurred. When there are injuries to passengers or another victim, this can be a game changer in a case originally charged as a DIU. 

Depending on the strength of the state’s case, the resolutions for these scenarios might look very different. The case may resolve in a positive outcome but not the same outcome for each client. For some cases, the best legal strategy must be used immediately at the outset of the case. In other cases, it might be best to have the client do some proactive steps and then discuss the case with the prosecutor. An experienced defense attorney will know the best course of action.

Will I Go To Jail?

Most likely, no. We work very diligently to determine an individual plan for each of our clients to address this issue. With this plan, we present our clients in such a positive light that jail time is unnecessary. Immediately upon hiring us, we will create your “to do” list, which will set you up for success. We use the weaknesses of the State’s case, along with your proactive measures, to aggressively negotiate on your behalf. In 98% of our cases, clients have served no jail time.

Department of Licensing — Your Privilege To Drive

In Washington, a DUI charge can be a bit complicated. DUI charges are not just handled in the criminal court. If your blood alcohol was over .08, DOL will also suspend your license. To challenge the DOL’s suspension of you license, you need to send in the correct form within 7 days from the date of your arrest. 

The Department of Licensing will also take action to suspend your license. Matters get worse if an accused person already has a DUI on their record, or if the person has a CDL. 

Public Defenders can not help with your license suspension through DOL because pubic funds provided for public defense are for criminal cases only. The DOL is an administrative hearing. So, if you do not hire private defense, you must handle this hearing on your own. 

The DOL hearing is tough. The hearing examiners are employees of the Department of Licensing so it is hard to believe they are truly impartial or independent in their review. Statistics would support this since the success rate for winning a DOL hearing is very low. Without understanding your legal defenses, a non-lawyer has almost no chance of winning this hearing.

When you hire Witt Law Group, we handle both the criminal and administrative side of your case. We are accustomed to handling complex cases where an individual has prior convictions, has refused the test, or is under 21 years of age.

Click here for a department of licensing hearing request form

If you have an out of state license, you must send the request in the mail. The online option will not work. Don’t wait until the last day!

How Our Attorneys Help

Initial Meeting

Our defense strategy begins at our very first meeting. Washington State is known as one of the toughest States on DUI sentencing. Our number one goal is to help our clients avoid the long term negative consequences of the DUI conviction. In other words, we strive to resolve cases in a way where our clients are not sentenced in accordance with the DUI Sentencing Grid. We have a strict method that we follow in each and every case, beginning at our first meeting or phone call. What you can expect during our first contact is that we will:

• Speak with you about the facts and ascertain what potential defense issues that your case has to explore.
• Speak with you about what potential exculpatory evidence needs to be pursued.
• Make sure you understand the important timelines, such requesting your DOL hearing within 7 days.
• Collect all of your info, including who we can and who we can NOT speak with.
• Provide you with all the forms that you will need as your case moves forward.
• Describe to you the Washington State law relevant to your DUI case.
• Most important, we will collaborate to devise a strategy that will provide the best possible outcome.
• Within several days of taking your case, we will provide you a set of “marching orders” custom made around the facts and circumstances of your case. The proactive efforts of our clients that have ultimately opened the door to terrific outcomes.

As The Case Is Pending

Once several of these tasks have been completed, we start the process of deciding upon a path forward for your case. The decision is based on our clients wishes and upon the facts of each case. There are typically four paths that a DUI case can follow.

1. Motions to Suppress and / or Dismiss. There must typically be a Constitutional violation surrounding the stop and / or arrest. You are asking the Court to find that the stop or arrest was unconstitutional, and then throw out all of the evidence.
2. Pre-Trial Diversion. This is a contract between the government and the defendant. A successful “PDA” usually results in a reduced charge, but can result in dismissal (not available in Seattle Municipal Court).
3. Deferred Prosecution. This is a five year treatment plan that ends in dismissal. You can only do one Deferred Prosecution in your lifetime.
4. Trial by Jury or Judge. This is the riskiest path. It is based upon our assessment of the strengths and weaknesses of the government’s case. This has the largest risk, and the largest reward.

Deferred Prosecutions are a great option for people who believe that they truly have a drug or alcohol dependency issue and need to seek treatment for their issue. Motions and Trial account for only a small percentage of resolutions, but should always be considered when the facts give rise.

Click here to learn more about a deferred prosecution program

What Will A Private DUI Defense Attorney Cost?

Making the decision to hire private counsel is critical. Public Defenders are competent lawyers but they are overworked and have extremely large caseloads. Simply put, their caseloads limit the amount of time they can dedicate to each case.

Hiring a private attorney to work on your behalf is a financial commitment. In Kitsap County and Thurston County, the average cost for first time DUI defense will be approximately $4,000 and possibly a bit more if you are charged with a second DUI or additional criminal charges. This fee includes all work efforts on your behalf. There should not be any additional hourly fees with the exception of a trial fee. Over 90% of DUI cases do not go to trial but the trial fee should still be listed in a fee agreement.

If someone quotes a fee that is significantly lower than the average fee, it is important to determine if the lawyer is an “expert” in DUI defense. A very low fee can be a red flag. Likewise, if an attorney quotes you $6,000 for a first time DUI defense, that should give you pause. Consider what you are paying for with that fee. There are some large firms with very large overhead that need to charge higher than normal fees.

Do not be embarrassed about calling after hours to talk through fees or any other matter regarding your legal defense. Hiring a lawyer is one of the most difficult decisions you can make.

DUI Below .08 Standard

Washington law enforcement has been pursuing DUI arrests when the driver is below the .08 limit. This often confuses drivers who are arrested and learn that they tested well below the .08 standard. 

Most drivers assume the case will be dropped when they appear before a judge. Unfortunately, that is rarely the case. In truth, the DUI statute (RCW 46.61.502) has always given the State the authority to pursue charges against a defendant who is below .08 under the “affected by” prong.

The .08 measurement is really a standard with no meaning. As long as an officer can use the impaired portion of the statute, you can be arrested for DUI regardless of your breathalyzer reading.

What Are The Punishments For DUI In Washington State?

The punishments for a DUI conviction in Washington State are severe. Typically, crimes handled at the District Court / Municipal Court level (which DUI is one) do not have mandatory minimum sentencing. Driving Under The Influence is one of the few exceptions to this rule. For every DUI conviction, there is a “sentencing range” that has been established by the Washington State Legislature. The factors that determine a person’s sentencing range include the level of the blow (or refusal), and the individual’s past DUI history, if any.

Below are the mandatory minimums, commonly known as the DUI Sentencing Grid. Our highest priority is to have our client’s case dismissed or avoid being sentenced under this grid.

Back to main DUI page

DUI Sentencing Grid

BAC Result < .15 or No Test Result	No Prior Offense	One Prior Offense	BAC Result > .15 or Test Refusal	No Prior Offense	One Prior Offense
Mandatory Minimum / Maximum Jail Time2	24 Consecutive Hours / 364 Days	30 / 364 Days	Mandatory Minimum / Maximum Jail Time2	48 Consecutive Hours / 364 Days	45 / 364 Days
If Passenger Under 16 Mandatory Jail	Additional 24 Hours	Additional 5 Days	If Passenger Under 16 Mandatory Jail	Additional 24 Hours	Additional 5 days
EHM / or Jail Alternative	15 Days in Lieu of Jail	60 Days Mandatory	EHM / or Jail Alternative	30 Days in Lieu of Jail	90 Days Mandatory
Alternative to Mandatory Jail + EHM	N/A	At least 4 Days Jail+180 Days EHM2	Alternative to Mandatory Tail + EHM	N/A	At least 6 Days Jail + 6 Months EHM
Mandatory Minimum / Maximum Fine	$990.50 / $5,000	$1,245.50 – $5.000	Mandatory Minimum / Maximum Fine	$1,245.50 / $5,000	$1,670.50 / $5,000
If Passenger Under 16 Minimum / Maximum	$1,000 / $1,000 – $5000 + assessments	$1,000 / $2,000 – $5,000 + assessments	If Passenger Under 16 Minimum / Maximum	$1,000 / $2,000 – $5.000 + assessments	$1,000 / $2,000 – $5,000 assessments
Driver’s License	90-Day Suspension	2-Year Revocation	Driver’s License	1-Year Revocation 2 Years if BAC refused	900 – Days Revocation 3 vears if BAC refused
If Passenger Under 16 II Device	Additional 6 Months	Additional 6 Months	If Passenger Under 16 II Device	Additional 6 Months	Additional 6 Months
24/7 Sobriety Program	If available	If available	24/7 Sobriety Program	If available	If available
Alcohol / Drug Ed. / Victim Impact or Treatment	As Ordered	As Ordered	Alcohol / Drug Ed. / Victim Impact or Treatment	As Ordered	As Ordered
Expanded alcohol assessment / treatment	N/A	Mandatory / treatment if appropriate	Expanded alcohol assessment / treatment	N/A	Mandatory / Treatment If appropriate
II Device	DOL imposed in all cases.	DOL imposed in all cases.	DOL imposed in all cases.

The Value of a Good Chemical Dependency Evaluation

Don’t be offended or alarmed if we ask you to immediately schedule a chemical dependency evaluation. Your drug and alcohol evaluation is one of the best tools for any case involving substance use. Many people think that it will negatively impact their case but, more often, it has the opposite result.

In addition to being helpful during negotiations, when received early in a case, the evaluation can be used as a tool to impact bail, conditions of release, and even dismissal of charges. However, if you choose a treatment agency based on insurance coverage or other uninformed reasons, you can make a terrible mistake. Not all treatment agencies are the same in terms of attention to timelines and details when it really matters.

Video Tips For Your Chemical Dependency Evaluation.

Video Things NOT to say at your Evaluation.

Click here to learn more about chemical dependency assessments

Click here to learn more about DUI VIP and defensive driving classes

At the end of your case, if treatment was required as part of your alternative resolution, a poorly run agency can cause very serious problems for your case if they are not reliable with filing monthly reports. We are very particular about where our clients go for evaluations–the evaluators must consistently be fair, unbiased, and able to produce documents in a timely fashion to the court and probation.

Call Early in the Process

We will speak with anyone about their DUI charge, day or night. We encourage the late night phone call, because we want to help you at the earliest moment in the process. Call us from the roadside and we can assist you in making important decisions that will impact your case.