Matthew T. Hale, Attorney at Law

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DUI

Matthew Hale and his associates have a great deal of experience representing individuals charged with DUI.  If you have been charged with DUI, the first thing that you should know is that a DUI is a criminal offense in Washington.  If you are convicted as charged, you could go to jail for up to one year and pay a $5000 fine.  Therefore, it is imperative that you take the charge seriously and hire an excellent criminal defense attorney to represent you.  Here is some information that may help you through the process.  You can call us anytime for a free consultation, or you can submit your questions to us in the form at the bottom of this page.

I.    The Arraignment.

The arraignment is the first court appearance that you must attend after being arrested for DUI.  When people are initially stopped and arrested for DUI, there are several things that may happen.  First, they may released and told that they will receive notice of an arraignment date in the mail.  Second, they may be released with a court date.  Third, they may be held in custody until the arraignment date.

At the arraignment, the prosecuting attorney will formally charge you with DUI and then ask you to enter a plea to the charge.  You should always enter a plea of not guilty at the arraignment.  Even if the evidence against you appears to be overwhelming, you need to plead not guilty so that you can see all of the evidence before making a decision that will affect the rest of your life.  Also, you should always reserve your right to a speedy trial within 90 days and your right to a jury trial.

The arraignment is also the time that the prosecutor may ask for conditions of release.  Sometimes, the prosecutor will ask that you not be released without posting bail.  If this is your first offense and you had a relatively low amount of alcohol in your system, then the typical condition of release is that you not drink until the case is resolved.  If you have prior offenses, then the conditions can include mandatory attendance at AA meetings, the imposition of an ignition interlock device on your vehicle, or the imposition of bail.  After your arraignment, you will be given notice of your next court date, which is the pre-trial conference.  All court dates are mandatory, unless your attorney specifically tells you otherwise.

II.    The Pre-Trial Conference.

The pre-trial conference is an informal hearing at which the prosecutor meets with the defense attorney to discuss the case.  This gives both sides an opportunity to explore plea bargaining options and to make sure that both sides have exchanged all discovery as required by the court.  

At the pre-trial conference, you have three options.  First, you may continue the pre-trial conference if you have a good reason.  This will allow your attorney more time to prepare a defense.  It will also allow you more time to obtain an alcohol evaluation and complete a DUI victims panel, which should always be done prior to the pre-trial conference.  Generally you need to sign a speedy trial waiver in order to get a continuance, but it is often in your best interest to do so.  Second, you may set the case for a jury trial.  If your case is set for trial, your attorney will file several legal motions, schedule a pre-trial motions hearing, schedule a readiness hearing, and schedule a trial date.  Third, you may accept a pre-trial offer.

III.    The Pre-Trial Motions.

The pre-trial motions hearing is a hearing at which the defense presents arguments on all relevant motions on behalf of the defendant.  At the motions hearing, witnesses are often called to testify, including the arresting officers.  If the judge rules in favor of the defendant's motions, evidence will be suppressed and often the case will be dismissed.  If the case is not dismissed after the pre-trial motions, then a readiness hearing is held.

IV.    The Readiness Hearing.

The readiness hearing is a hearing that is set just before the jury trial date.  It is the last chance for the parties to resolve the case prior to trial.  If no deals are agreed to, then the jury trial date is confirmed.

V.    The Trial.

Since a DUI charge is a criminal offense, you have the right to a jury trial.  Six people from the community will be called upon to make a judgment in your case.

VI.    Sentencing.

If you are convicted of DUI, a sentencing hearing is set to determine how you should be punished.  The State of Washington has very specific penalties for DUI.  A complete listing can be found in our DUI Penalties grid.  

VI.    The Appeal.

If you are convicted of DUI, you have the right to appeal that verdict.  This appeal is taken to the superior court in the county where the trial was held.  You must appeal a judgment against you within 30 days of the judgment, or you waive the right to appeal.

VII.    The Department of Licensing.

When you are arrested for DUI, the officer should give you a Department of Licensing Hearing Request Form.  You need to send in this form with $200 in order to have a hearing to contest your license suspension or revocation.  You must send this form in within 30 days from the date of the offense.  If you do not send the form in, you will be automatically suspended or revoked for a period of time depending on your situation.  Since the Department of Licensing and the courts are independent of each other, they both have the authority to impose a suspension or revocation.  So, even if you win your Department of Licensing hearing, the court still has the authority to suspend or revoke your license.

VIII.    Alcohol Evaluation.

As was stated above, prior to your pre-trial conference, you should obtain an alcohol evaluation from a state-certified alcohol treatment facility.  You should call a treatment agency and set an appointment as soon as possible after your arrest.

VIII.    Deferred Prosecution.

Deferred prosecution is an option that allows a person who has an alcohol problem, a drug problem, or a mental health problem to complete an intensive treatment program and get a dismissal of the criminal charge.  In order to be eligible for this program, you must be found to be alcohol dependent, drug dependent, or mentally ill.  Also, you are only allowed one deferred prosecution, so if you have been granted one in the past, you are not eligible for one now.

IX.    Summary.

A DUI is a very serious criminal charge.  There are incredibly complex issues involved in these cases.  Therefore, you should hire an attorney who has successfully handled many of these cases.  We have the experience and resources necessary to mount an aggressive defense for you.

Legal Disclaimer:  This Web site is created and published for informational purposes only. 

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