• Be an adult with DUI charges/probation violations filed in Clark County District Court; 
• Must reside in Clark County, Washington at time of opt in and remain a legal resident throughout the duration of the program; 
• Have DSM -V, Axis I primary diagnosis for a substance use disorder and/or co-occurring disorder; and
• The alleged criminal behavior in the pending offense must be related to or caused by the individual ’s diagnosis as supported by the suitability screen and/or evaluation. 
• The defendant has the mental capacity and ability to appreciate the consequences of the legal proceedings and fully understand the expectations and conditions of the therapeutic court contract. 
• The defendant must plead guilty* at time of opt -in (not at time of referral). DUI Court is not able to suspend mandatory sentences. 
• The defendant must have cleared any outstanding warrants and/or pending cases.
• The defendant must have two or more drug or alcohol -related driving offenses to participate in the DUI Court program.”

There are several therapeutic court options for defendants in Clark County as well as the City of Vancouver. The type of alternative court that may be available will depend on the nature of the criminal charge, the defendant’s criminal history, the presence of a substance abuse disorder or mental health condition as documented by a professional, as well as the defendant’s willingness to enter into classes, treatment and other conditions that fit the therapeutic model proposed. 

Generally speaking, the minimum qualifications to enter most Clark County therapeutic court programs are:

• Be a Clark County legal resident age 18 or older;
• Admit to having a substance use disorder and/or mental health disorder and voluntarily choose this treatment option; and
• Volunteer for the program.
• The participant must NOT have: 
• Any serious violent offenses in criminal history;
• Pending charges/outstanding warrants in any other jurisdiction; nor
• Used a firearm in the commission of any crime.
• For Veterans Court, there are additional qualifications:
• Admits to having a substance use disorder and/or a mental health condition that is driving his or her criminal behavior;
• Must also pass a background check with confirmation of honorable veteran discharge status (must be eligible for medical benefits through the VA);
• Must be non-violent / non-sex offender status; and
• Must volunteer for the program and serve any mandatory minimums (post-plea program) and clear any/all outstanding warrants prior to entering.

While Clark County offers many unique ways to resolve criminal cases, in most DUI cases or Physical Control cases, the accused is limited to the DUI Court. Of course, the defense attorney can attempt to negotiate a resolution that does not involve DUI Court conditions or take the case to trial. 

If the defendant has a substance use disorder and is ready to permanently abstain from drugs and alcohol as well as submit to two years of treatment, petitioning for a deferred prosecution may be appropriate. However, in Washington state, you are only allowed one in your lifetime. Therefore, no one should enter into a deferred prosecution agreement without the counsel of an experienced DUI defense attorney. 

Additionally, the cases that are being charged by the City of Vancouver (municipal court) are also heard in Clark County District Court but the time for those calendars is slightly different. For example, if you are doing a change of plea on a City of Vancouver charge, you would appear on Tuesday at 8:30 but, if charged by the State (Clark County), you would appear at 1:30 on Wednesday. So, “change of plea” calendars really vary depending on the nature of your criminal charge and what entity is prosecuting your case (city vs. state).

Clark County and the surrounding municipal courts are the only jurisdiction we know of that differentiate pretrial and mandatory pretrial hearings. What most courts label pretrial, Clark County and surrounding cities will call a Mandatory Pretrial. This hearing is typically set 45 days from the Arraignment or the last Pretrial hearing. 

However, in some courts/cases, the judge may also order an additional pretrial hearing (not using the word mandatory) for the defendant to do a “check in” within two weeks with the prosecutor. This hearing is typically not an in-person hearing. Generally, the defendant is supposed to call the prosecutor at the scheduled date and time regarding status (has a defense attorney been secured, does the defendant now have a valid license, etc). 

If you are confused about what a Pretrial hearing means, check out our blogs and videos on the topic. Do not panic! It does not mean you are immediately going to trial. Think of it more as a status hearing.

LCRRLJ 4.5 – Pretrial Procedures

(1)  Mandatory Pretrial Hearing. 

(a)  In all cases in which a defendant has entered a plea of not guilty, a pretrial hearing shall be set approximately 45 days after arraignment. Said hearing shall provide an opportunity for plea negotiations, omnibus, resolution of discovery issues, and trial setting.  Following the hearing, if a plea is not negotiated, an order shall be entered setting forth the following:  (i) discovery schedule, (ii) date and nature of pretrial motions, (iii) date of readiness hearing, (iv) date of trial and (v) time for filing witness lists.

(b)  The prosecuting attorney/city attorney, defense attorney, and defendant shall be required to attend the pretrial hearing. Failure to attend may result in the issuance of a bench warrant and/or forfeiture of any bail or bond.

(2)  Readiness Hearing.  The prosecuting attorney/city attorney, defense attorney and defendant shall appear in court on the date scheduled for readiness hearing to confirm their readiness to proceed with the scheduled trial.  In the event the defendant fails to appear, the jury shall be canceled, a bench warrant may be issued, bail or bond may be forfeited, and costs may be imposed at the discretion of the court.  In the event the defendant waives the jury trial subsequent to the readiness hearing, costs may be imposed at the discretion of the court.

Unlike most counties throughout the state, Clark County requires defendants to appear in-person for the Arraignment hearing. With permission, it may be possible to appear for Pretrial hearings virtually but you will need to discuss this with your attorney. 

Do not assume you will be able to appear via zoom in Clark County or for a City of Vancouver, Camas, Washougal, or Battle Ground case. Additionally, you will need to be in person for a change of plea/resolution hearing and, of course, if your case goes to trial.

If you are granted permission to appear virtually, please read the information provided by Clark County District Court for virtual appearances, click below:
https://clark.wa.gov/sites/default/files/media/document/2020-09/District%20Court%20Virtual%20Hearing%20Info_0.pdf

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.