What Happens After A DUI Arrest In Washington

The attorneys at Witt Law Group handle DUIs primarily in Kitsap and Thurston counties as well as cities nearby so the following information focuses on what happens in our DUI cases in those courts.

If you are reading this, you are likely already past the DUI arrest, booking, and bail stage. However, in case you are searching for general information, the most typical process for a DUI is:

• The DUI stop: This typically involves a stop due to a traffic violation or a third party calling in bad driving.
• The DUI investigation: If the officer smells alcohol or suspects other indicators of impairment, the officer may request the driver to participate in field sobriety tests alongside the road and/or blow in a portable breath test machine.
• Assuming the driver does not pass the tests or refuses the test but has other “obvious” signs of impairment, the driver is arrested.
• In the field or at the station, rights will be read. Additionally, prior to submitting to the breathalyzer at the station (this is the test that is admissible), the officer will read the Implied Consent Warnings. 
• If the driver wants to speak to a lawyer prior to the BAC test, the officer will do her best to put the drive in touch with the on-call public defender. Usually, the lawyer will suggest that the driver submit to the BAC because the penalties are less severe and the driver’s license suspension is not as long. A refusal comes with greater penalties in Washington state.
• If the driver refuses the BAC, the officer will get a warrant to draw blood. That blood sample will be sent to the state toxicology lab and, when the results return, the driver will be prosecuted. In some counties, the prosecutor may go forward on the DUI case without the blood result back and use other evidence to prove impairment including making an argument to the jury that a sober person would not refuse the BAC.
• If the BAC is over 0.08 (and even when it’s lower), the driver is usually booked into jail. 
• If it is a first time DUI, the driver should be able to bail out. The bail is typically $5,000 for a first DUI.
• If it is the driver’s second+ DUI, there is usually a no-bail hold and the person can’t get out of jail until appearing before a judge on the next court business day.
• This first court appearance is called the Arraignment and it is where the judge will take the driver’s plea (99% of the time this will be a not guilty plea for legal reasons) and set conditions of release. Depending on the BAC result, criminal history, if there was a minor passenger, whether there was an accident, and a few other factors, the judge may order an ignition interlock or scram unit during the pendency of the case.

If you are a client of ours, this is where you will get to work. We will have a strategy based on the facts of your case. Included as part of the strategy is a “to do” list for you. It is a combination of finding legal deficiencies in your case as well as presenting the proactive things we have asked you to do that help us get the best outcome.

The next hearing after your arraignment is called a pretrial but it may as well be called a status hearing. The prosecutor and defense attorney are just alerting the court/judge as to whether the case is on track to have a negotiated resolution (98% of cases) or whether it needs to be set on a motions’ calendar or set for trial. 

It is normal to have at least one pretrial hearing and some cases have three or four pretrial hearings before they resolve. The word pretrial does not mean you are going to trial. However, if the case continues for months and months and no negotiation appears possible, it is likely that the state will eventually request the case be set for trial.

What Is A Pre-Trial Hearing?

Yes and no. If you are arrested for a DUI and the BAC is over 0.08, the Department of Licensing will take action to suspend you 30 days after your arrest unless you request the DUI DOL Hearing within 7 days of your arrest.

So, whether you are suspended after your arrest depends partly on how high your blow is and whether you requested the DOL hearing. Regardless, that suspension does not go into affect immediately after your arrest so, based on those facts, you are still free to drive. However, if you are unsure about your license status and privilege to drive, you should always check with the Department of Licensing and your LicenseXpress account before driving.

Additionally, as a condition of release at arraignment, the judge may order you to put in an ignition interlock device (IID) before you are able to drive. Some of our clients feel this is a little like being “suspended” because the process can be difficult and having a “blow and go” in the car is an embarrassing nuisance. However, while an IID may also be required by the DOL, this condition of release set by the judge is not technically a suspension or a requirement based on a suspension.

In Kitsap County, we usually see this condition if the person had a high blow, an accident, or a minor was in the car. Sometimes, the court will say it must be done before you can drive (hence, you can’t drive away from the courthouse) and other times the judge will give you a week to get it installed and show proof to the court.

In Thurston County or Olympia Municipal, the judge will set this condition for similar reasons as Kitsap County but the defendant will usually have a few days to coordinate proof with probation (Thurston has more of a true pretrial services/probation department than Kitsap).

Generally, our clients do not do jail time for a first time DUI. Under our ethics rules, we cannot guarantee an outcome. However, without aggravating factors (refusing to blow in the BAC, a BAC over 0.15, an accident, etc.), our clients are pleasantly surprised about how smoothly we can resolve the case.

If you are dealing with a second DUI or more, it is very important that you talk with a local experienced DUI lawyer to understand your risk of jail time. The nuances of how to negotiate complicated fact patterns and cases that are high risk for lengthy jail sentences are only accurate if you are getting proper advice. 

Whatever information you get from a google search or asking friends is likely to have no applicability. You would have to know what evidence is relevant and admissible and what evidence might be suppressed (or not). Without querying the important and relevant information, the answer is of no value.

If you want to know what is relevant to your case and how it is likely to resolve, give our Kitsap and Thurston DUI attorneys a call. We are here 7 days a week to take your call. (360) 792-1000

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