When the charge is eventually filed, the court will send you a summons ordering you to appear for an arraignment.
At the arraignment, you will be advised of the charge against you and of your constitutional rights. You will also be made to state whether you plead “guilty” or “not guilty” to the charge. Next, the judge will consider whether or not you should be released on your own recognizance (PR’d) and what conditions should be placed on your release from jail.
Conditions Of Release
If you have no prior alcohol or driving-related offenses, the conditions will typically be:
However, if you have certain prior convictions or failures to appear in court, the court may impose more onerous conditions, including taking you into custody and requiring bail to be posted for your release, requiring the installation of an ignition interlock device in any vehicles you drive, and other measures designed to keep you from drinking and driving.
Following this, you will be given a date to return for a pretrial hearing; typically within four to six weeks. If your Tacoma DUI lawyer has completed the investigation and negotiated a resolution, this could be the last time you have to appear in court. More likely, you will have at least two pretrial hearings before you resolve the case or determine you will take it to trial.
Currently, that date is usually 30 days from the date of the arrest. To contest this action, you must request a hearing within 7 days of your arrest.
This rule is strictly enforced, so if you have been arrested for a DUI even though you have not been charged with a DUI (yet), you still must act in a timely manner to try to save your license.
You should be aware that the DOL hearing and the criminal matter are two entirely different cases; rarely will one have any impact on the other. In the alternative, you may obtain a temporary restricted driver’s license that allows you to drive while your license is suspended for a DUI arrest.
Our Team of Attorneys and Paralegals have over 30 years of combined experience. We know the law and understand how to apply it to your case.
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We create a custom defense for every client. Not all cases are the same and we know that. Your concerns and goals are our top priority.
As a long time author and speaker Ms. Callahan is respected across the county for her trial skills and investigative knowledge. He reputation proceeds herself when appearing in court.
Obtaining a Non-DUI Resolution
Sometimes, filing such motions forces the prosecutor to take another look at your case, or can lead to the judge excluding evidence the prosecutor needs. These efforts have enabled us to obtain reductions of DUIs to less serious charges for the vast majority of our clients.
We Help People Like You Everyday
Unless the prosecutor is shown why a conviction might be difficult to obtain, they have no reason to bargain with you. This is why you need a lawyer with the knowledge and experience to find the problems in the prosecutor’s case and to get the most out of them on your behalf. If you don’t have a lawyer, or if you don’t have the right type of lawyer, you could be convicted of a DUI and suffer all the consequences that follow the conviction.
The consequences of a DUI conviction include:
In addition, you will be required to get an alcohol/drug assessment and follow the recommendations, including up to 2 years of treatment if so indicated. If no treatment is necessary, you will at minimum have to attend an 8-hour alcohol drug information school and a DUI Victims’ Impact panel.
The court will impose conditions of probation, which if violated, could result in further incarceration and additional suspensions of your license.
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Washington State has some of the toughest DUI laws in our nation. These laws carry increasingly severe penalties for those who drink and drive. Washington lowered the BAC limit from .10 to 0.08 in January of 1999. Drivers with a blood-alcohol concentration (BAC) at .08 or above can now be convicted of driving under the influence of alcohol. In addition, because public sentiment is so very negative toward drunk drivers, prosecutors will often pursue a DUI conviction even when the driver’s test result is well under .08! This is possible because they can obtain a conviction if they can show the person drove while “affected by” alcohol, and/or marijuana or any drug, including prescription or over-the-counter medications.
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Disclaimer: The legal information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. This web site is not intended to solicit clients for matters outside of the state of Washington.
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