In most cases, a plea of not guilty is your best choice. The court will then impose conditions of release (or if you have a significant history of prior offenses, you may be taken into custody and required to post bail for your release) especially if this is not your first DUI.
Arrangement at Court
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 usually 30 to 45 days from the arraignment. This will give us time to request the evidence against you and begin our investigation. You should expect to have at least two pretrial hearings before your case is concluded.
You Only Have 7 Days to request a hearing
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.
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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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