DUI Process
Most people who are charged with a DUI have not been charged before and will not be charged again. The process involved can be overwhelming and it is very easy to miss opportunities for your own defense. This page will detail every aspect of the process and its likely outcomes.
Table of Contents
Table of Contents
The Process of a DUI case
Facing a DUI charge can feel overwhelming, but understanding the process can help you prepare for what’s ahead. Here’s a general outline of how a DUI defense case typically unfolds:
Arrest & Booking
After being pulled over and arrested for DUI, you’ll be taken to jail or released with a court summons. If you have any criminal history or have an active warrant, you may be placed on a no bail hold. This means you will not be released until you appear before a judge. Upon being released from jail, you should be provided information regarding your next court date (if there is one) and the DOL Hearing request timeline.
Administrative License Suspension (DOL Hearing)
In Washington, you have 7 days to request a Department of Licensing (DOL) hearing to contest your license suspension.
If you don’t request a hearing, your license will be suspended automatically 30 days after your arrest. This is the first stage where private defense lawyers differ from public defenders. Due to the purpose of taxpayer funds, the public defenders cannot be involved in civil/administrative issues that are a consequence of your DUI arrest. You must hire a private DUI defense attorney if you want to be represented at your DOL Hearing.
Arraignment
Your first court appearance (arraignment) is where you’ll enter a plea of guilty or not guilty.
The judge may impose conditions of release, such as an ignition interlock device (IID) or abstaining from alcohol. If your case is dismissed at Arraignment, this is most likely due to a blood draw. The prosecutor will usually wait for the blood result (6-18 months delay) before proceeding on the case. If you move, you may not get the Summons and a warrant will be issued for your arrest.
Court Appearances
After your DUI arraignment, the court will typically schedule a pretrial hearing. Between the arraignment and the pretrial hearing, your lawyer and the prosecutor will discuss possible resolutions or plea offers. If the case isn’t resolved at the first pretrial (it’s uncommon to resolve at this stage), there may be additional pretrial hearings, motion hearings, or eventually a trial. Throughout this process, your attorney may also negotiate for a reduction in charges or prepare to challenge the evidence against you.
Investigation & Negotiations
Your attorney will analyze police reports, body cam footage, breath/blood test results, and field sobriety tests to find weaknesses in the prosecution’s case. Negotiations with the prosecutor may lead to reduced charges, alternative resolutions, or dismissal.
Trial or Resolution
If no plea agreement is reached during the negotiation period, your case may go to trial. Your attorney will fight to challenge the evidence and argue for acquittal. If convicted, sentencing will include fines, license suspension, potential jail time, probation, treatment programs, and other penalties based on your prior record and case facts.
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DUI Potential Outcomes
Dismissals
It would be great if dismissals or acquittals were the norm. Unfortunately, those are rare in DUI cases because DUI charges are fairly easy to prove for a prosecutor. The elements of the crime do not require intent and we have a per se standard as well the optional route of the “affected by” prong. In most cases, the best course of action is to try for a “delayed” dismissal, which we call alternative resolutions.
If you have been to court and were notified that the charges were dismissed, be very cautious about proceeding as though the case is done. There is a drastic difference between dismissed with prejudice and dismissed without prejudice – only one is worth celebrating. Additionally, if your DUI arrest involved a blood draw and the case was “dismissed” at arraignment, this does not mean you are not being charged with the crime of DUI. Be sure to check with a local defense attorney to understand what “dismissed pending toxicology results” or a delay in charging means for you, particularly where there was an accident.
Lesser Charges
In Washington DUI cases, a “lesser charge” refers to a negotiated resolution where the original DUI is reduced to a different offense, such as Reckless Driving, Negligent Driving in the First Degree, or sometimes even a Deferred Prosecution.
These alternative outcomes typically carry fewer penalties than a DUI conviction—such as reduced license suspension periods, no mandatory jail time, and lower fines. However, they may still involve probation, alcohol treatment, and an ignition interlock requirement, depending on your prior record and the specifics of the case. Lesser charges are often pursued when there are weaknesses in the evidence or strong mitigating factors.
A lesser charge is not available in all fact patterns. Where there are aggravating factors or prior offenses (even if reduced from an original DUI arrest), it is less likely that a prosecutor will negotiate a DUI to a lesser charge. It will require a skilled DUI defense attorney to find weaknesses in the state’s case to convince a prosecutor to consider a lesser charge.
Deferred Prosecution
A deferred prosecution in Washington is a one-time opportunity (this may change in 2026) for someone charged with DUI to avoid a conviction by agreeing to undergo intensive alcohol or drug treatment for two years and comply with strict court conditions for five years. If successfully completed, the charge is dismissed. However, failing to comply can result in immediate conviction and sentencing on the original DUI charge.
If the prosecutor will not consider a lesser charge and the accused is facing substantial jail time, it might be appropriate for the accused to consider a Deferred Prosecution. This option is usually a last resort and contemplates that the accused suffers from addiction and, without this five year program, is likely to reoffend.
DUI General Information
Immigration Consequences
Immigration Consequences
All criminal charges, including DUI, have the potential to have immigration consequences. If you are charged with a crime and are not a US citizen, be sure to notify your attorney. You will want to simultaneously consult with an immigration attorney for resolution options or to fully understand long-term consequences.
Can I drive?
Can I drive?
Most likely. If you are a client of ours, we will cover whether you have this option as well as the process for you to get a special license during the period of your suspension.
Notifying employers
Notifying employers
When you sign up with us, we can address any questions you have about job applications or notifying your employer. You may have additional notifications if you hold a professional license.
Fees
Fees
Criminal defense attorneys charge flat fees. This is a set price but may not include a trial fee. Trials are extremely rare in DUI cases because experienced defense attorneys can typically get better and more certain results in a negotiation than putting the case before a jury. Hiring a private attorney is not cheap and it causes a lot of stress for most people. We understand. It is important to talk this out with an attorney and not a call service. You want to make sure you know who your attorney will be (and that your case is not passed around) and whether the attorney is a good fit for you.
In the interest of transparency, if you are price shopping for a DUI attorney, we are likely not the cheapest firm. We believe our experience and success rate justifies what we charge. At the same time, we keep our overhead as low as possible so we can pass that benefit onto prospective clients. If you are calling around, you will find that, due to our efforts to keep low overhead, we are also not the most expensive. We are proud of that fact.
Most of our clients come to us through referrals due to our reputation for success. We reject the “high volume” approach that many private firms must use. We do not run high priced ad campaigns or appear on the radio because we don’t have to. We have a winning reputation and always try to save our clients money in terms of long-term financial consequences of a DUI.
We keep our caseload small and offer very personalized attention. If that matters to you, do not hesitate to reach out 7 days a week so we can discuss your case. We are probably more affordable than you think.
Aggravating Factors
Aggravating Factors
In Washington State, prosecutors consider several aggravating factors when deciding how to charge and resolve a DUI case. These factors can lead to harsher penalties, make it more difficult to negotiate a reduction, and may influence a judge’s sentencing decision. Here are the most common aggravating factors:
- High BAC Level: A blood alcohol content (BAC) of 0.15% or higher can lead to enhanced penalties. Even if under 0.15%, a significantly elevated BAC will likely be treated more harshly.
- Prior DUI or Alcohol-Related Offenses: DUIs or reduced charges (like Negligent or Reckless Driving) within the past 7 years are considered. Multiple priors greatly increase jail time, fines, and license suspension periods.
- Accident or Collision: Causing a crash while DUI — even a minor one — is a red flag for prosecutors. Injuries or property damage elevate the seriousness of the case.
- Child in the Vehicle: Driving under the influence with a minor under 16 years old in the car adds a mandatory enhancement and is viewed very negatively.
- Refusing a Breath or Blood Test: A refusal may result in enhanced license suspension and can be argued as obstructive or non-compliant behavior.
- Speeding or Reckless Driving: DUI combined with excessive speeding, weaving, or erratic driving suggests greater danger to public safety.
- Driving on a Suspended License: If your license was already suspended (from a prior DUI or other offense), this aggravates the new DUI case.
- Lack of Cooperation with Law Enforcement: Being combative, rude, or non-compliant can impact how the case is charged or negotiated.
Why Aggravating Factors Matter
Aggravating factors often limit your chance of getting a reduced charge, lead to longer jail time, higher fines, and harsher post-conviction conditions such as longer ignition interlock requirements, alcohol treatment, or community service.
Have questions about how these factors might affect your case? Contact Witt Law Group today. We help clients throughout Western Washington navigate the DUI process with smart, proactive defense strategies.
Jail
Jail
The likelihood of being sentenced to jail after a DUI arrest in Washington State depends heavily on a few key factors:
First-Time DUI
If you plead to a first offense DUI and there are no aggravating factors (such as a high BAC, accident, or child in the car), there is technically a requirement for jail time. However, on a first time DUI, it is usually possible to convert the one day of jail to fifteen days of electronic home monitoring (EHM). Whether EHM is an option will depend on the city or county where you are charged. Again, on a first time DUI plea or conviction, the minimum jail time is:
- 1 day (or 15 days EHM) for a BAC under 0.15%
- 2 days (or 30 days EHM) for a BAC 0.15% or higher, or if you refused the test
Multiple DUIs / Prior Offenses
If you have prior DUI convictions or prior reductions from DUI charges (e.g., to reckless or negligent driving) within 7 years, the mandatory minimums increase significantly. For example:
- A second DUI can result in 30-45 days in jail or more, depending on BAC and refusal.
- A third DUI typically carries 90-120 days in jail, and often even longer.
Lesser Charges / Negotiated Pleas
If your DUI is reduced to a lesser charge like Negligent Driving 1st Degree or Reckless Driving, jail time is often avoided—especially for first-time offenders. These lesser charges give the court more flexibility, and jail is typically not mandatory (though probation and treatment conditions are).
Other Aggravating Factors That Increase Jail Risk
- A very high BAC (e.g., over 0.20%)
- Accident or injuries
- Refusing a breath/blood test
- Driving with a minor in the vehicle
- Bottom Line
First DUI with no aggravators? Jail may be avoidable.
Multiple offenses or high-risk facts? Jail is likely and often mandatory.
Negotiated lesser charge? Jail time is much less likely, but other conditions still apply.
If you’re facing a DUI, it’s important to speak with a defense attorney early to explore your options and minimize the risk of jail. The specific facts, your criminal history, and the court’s tendencies all play a role. A qualified DUI defense attorney can often help avoid or minimize jail time entirely in these situations.
Driver’s License/DOL
Driver’s License/DOL
Right after a DUI arrest in Washington State, your driver’s license is at immediate risk of suspension by the Department of Licensing—typically starting 30 days from the date of arrest—unless you request a hearing within 7 days. This administrative suspension is separate from any court-imposed penalties and can happen even if your criminal case hasn’t been resolved.
Act Quickly, after a DUI arrest in Washington State, you must act quickly to protect your driver’s license. Here are the essential steps to take:
- Request a DOL Hearing Within 7 Days of arrest – If you miss this deadline, your license will be suspended—even if your criminal case is later dismissed.
- Pay the Hearing Fee – There’s a $375 fee to request the hearing, unless you qualify for a waiver based on financial hardship (pro tip: the hardship waiver rarely works and may cause problems in the end). This must be submitted with your hearing request.
- Prepare for Possible Suspension – If your license is suspended, you may be eligible for an Ignition Interlock Driver License (IIL). If you have a private attorney, they will explain how to get this license. If you use public defense, they cannot assist with this since it is a civil consequence of the criminal case.
- Monitor DOL Communications – Make sure you are getting mail from DOL and follow all instructions. You may need to call DOL everyday if you are not receiving mail or you have an out of state license. It is a crime to drive on a suspended license.
Time is critical. If you’re unsure what to do, speak to a DUI defense lawyer right away to avoid losing your license. If you hire a private DUI lawyer, they can request the hearing on your behalf, represent you during the hearing, and ensure you’re following the right steps to protect your driving privileges.
Why Does It Matter Where You Got Your DUI in Washington?
Why Does It Matter Where You Got Your DUI in Washington?
While Washington State has a uniform DUI statute that outlines the legal elements and potential penalties, the reality is that your experience—and your outcome—can vary dramatically depending on the city or county where you are charged. That’s because local prosecutors, courts, and even judges follow different protocols, offer different resolution options, and treat aggravating or mitigating factors differently.
Example: Kitsap vs. Thurston
For example, a first-time DUI in Kitsap County might offer the opportunity for a reduction or dismissal after two years if proactive steps are taken early, while a neighboring jurisdiction like Thurston County may take a harder line, requiring jail time or stricter probation terms. These differences aren’t written in the statute—but they play a huge role in how your case is handled. Additionally, the alternative resolutions in the two counties (PDA vs. SOC) vary somewhat and, therefore, the probation, timelines, and costs are managed differently.
Get help now
Facing a criminal charge or investigation is life-altering and there are often more devastating collateral consequences than just the possibility of being found guilty of a crime. When you delay facing the reality of a criminal charge, you increase the likelihood that those collateral consequences will impact every area of your life–your driving privileges, your job, your family, your professional license, and your freedom. Call today to set up a free consultation.