The Stop and Arrest

The first stage in most DUI cases is the initial traffic stop.  A DUI arrest is often made following a stop for a simple traffic infraction (such as speeding, failure to signal, improper lane usage, driving the wrong way down a one way street, running a red light, etc.).   An arrest may also occur after an accident or breakdown.  In such situations, the officer will not suspect impairment until after he makes contact and has an opportunity to make more observations of the suspect.

There are times, however, when the police may suspect they are dealing with a drunk driver before actual contact with the subject is made.  A suspect will be pulled over because the officer suspects they are too impaired to drive.  That suspicion may arise as a result of poor driving patterns, or it may be based on a tip that was received by another driver on the road.  See the DUI Stop section for more information.

Once stopped, if an officer suspects you to be DUI he will order you out of the vehicle for further investigation.  Field sobriety exercises may be administered.  If the officer determines he has enough evidence to believe a DUI has occurred, an arrest will be made.  Once you are placed into police custody and are being subjected to a custodial interrogation, your Miranda rights must be read to you.

Whether the police had enough evidence to justify your stop, detention, and arrest for DUI is a critical issue to any case.  You will definitely want to discuss the facts of your case with an experienced attorney who can help you defend your case.

Following a DUI arrest, a suspect is usually taken to a police station for the evidentiary breath test.  In some instances, if there is an accident that causes injury to the driver or if the person is deemed incapable of giving a breath test, then they may be taken to a hospital for a blood test.

In most DUI cases, individuals will not be booked into jail after the breath or blood test.  They are typically released.  Many jurisdictions will not even give information for a court date.  Some individuals may be released but may be given information of a first appearance (arraignment) which likely will be a few hours to a few days after a release.

The Booking Process

(If not booked, proceed to Investigations Following Arrest)

From time to time, an officer will decide to book an individual directly into jail.  This depends on the jurisdiction where the person was arrested, that person's criminal history, and the person's overall attitude with the officer. Should that occur, you will be searched, fingerprinted, questioned, photographed, and placed into a cell.  Bail will be set and you will be afforded the opportunity to place a call to speak with a bonding company or a friend/relative to make bail post arrangements. 

Investigations Following Arrest & Charging Decision

In most DUI cases, the officer will likely have all the information he needs at the time you are released.  Some factors may prolong the process, such as accident reconstruction and/or awaiting the results of the blood test.  Since Washington is predominately a breath testing state, most DUI offenders will be given a breath test, the results of which are available immediately upon blowing into the machine.  When released, they will receive a copy of the breath test ticket with the two results.  If there was a blood draw, it could take several weeks for the State Toxicology Lab to provide results to the arresting officer.

Some jurisdictions are quick to file criminal charges, and may do so immediately or within a few days after the arrest.  Many others (such as King, Snohomish and Pierce County, Cities of Kirkland, Bellevue, Redmond) file via investigation, meaning once the accused is released, the arresting officer submits his report to the prosecuting attorney's office for review.  Once an attorney in the office decides there is enough evidence to file a charge for DUI, they file a complaint in court.  At that point, the accused is sent notice by the court to appear for their first appearance.

The statute of limitations (maximum time allowed between arrest date and filing of charges) for DUI in Washington is two years.  Most jurisdictions file charges between one and six weeks after the arrest.  Some take upwards of several months.  It is critical for an accused to speak with an experienced DUI attorney immediately after their arrest, even if they have yet to receive notice of their first court date.  Keep in mind that as time passes, one's memory fades.  Small details are critical in each case.  Even though one has been arrested but not charged, that does not mean they are "in the clear."  Talking with an attorney they will be able to relate all important facts and have a better understanding of the process they are about to face.

THE CRIMINAL PROCESS

In most Washington State jurisdictions, there are five critical stages to the criminal process: arraignment, pre-trial conference, motions, readiness hearing, and trial.  Some jurisdictions have a different process, and the following information does not apply to every DUI in Washington State.

Arraignment

The first hearing following a DUI arrest is called an Arraignment.  If placed in custody following an arrest for DUI in Washington, you will be brought before a judicial officer (magistrate) within 24 hours.  If you were released, it may have been with a promise to appear in court at a later date, or a court date may subsequently be provided to you.

NOTE: If you have been accused of DUI in Washington State, it is in your best interest to have legal representation at every court appearance.  If you do not have an attorney present at your arraignment, some courts will provide you with a public defender to assist you.

At the arraignment you will be advised of the DUI charges filed against you, and you will be asked to enter a plea.  Without any doubt, if you are accused of DUI in Washington, you should enter a plea of  NOT GUILTY. Conditions of release will be determined.  Typical conditions are law abiding behavior, prohibition of alcohol or non-prescribed drug consumption and a promise to appear at all future court dates.   In some instances, a judge may order bail.  The amount of bail that will be required will depend on the circumstances of your case.  If the judge does not think you are a "flight risk" or a threat to the community (prior history) then they will release you on your own personal recognizance and no bail will be required.

Pretrial Conference

The pretrial conference is a hearing prior to trial to negotiate with the prosecutor and update the judge on the progression of your case.  At this hearing your trial date may be postponed if there are issues with discovery, further negotiations, witness availability or attorney schedule conflicts.  Should negotiations be favorable, your attorney will go over any offer with you and discuss the potential benefits and/or ramifications.  If you wish to accept the offer from the prosecutor, the case may be resolved at the pretrial conference.  If no continuances are necessary, and a plea agreement has not been reached, the judge will set your case for trial.

Motions or Evidentiary Hearings

Motion or evidentiary hearings are typically requested by the defense.  Your presence is mandatory.  Your attorney will go before the court and the judge will decide important key issues of your case, such as the admissibility of evidence such as the field tests, portable breath test, evidentiary breath or blood test, and statements made by the accused.  Another challenge is whether there was probable cause for the stop, detention, and arrest.  Other motions regarding discovery may also be argued at this hearing.  Testimony by the arresting officer is usually given at these hearings.  Your attorney will have the opportunity to question and cross examine the witnesses for the government, and will also have the opportunity to present testimony, evidence, and argument.

Readiness Hearing

Typically held one week prior to your trial date, the readiness hearing is a trial confirmation hearing where the judge will confirm that both sides are ready to proceed to trial.  If a plea agreement has not been reached and both sides have received all necessary documents and are prepared to move forward, the court will set the the case for trial.  Legitimate scheduling conflicts for either side (the prosecution and the defense) will be taken into account to ensure proper attendance at trial.

The Trial

If you are facing a DUI trial, you have one of two options.  Every single DUI defendant has a constitutional right to a trial by jury in Washington State.  A jury trial for DUI in Washington will consist of 6 jurors. In some circumstances, however, it may be in your best interest to waive your right to a jury trial and instead have a judge decide your case (called a "bench trial").  In all trials, the judge will decide issues of law.  In jury trials, the jury listens to the judge's instructions and decides the issues of fact.  In bench trials, the judge acts as both judge and jury, deciding both issues of law and issues of fact.