| Dealing with a Driving Under the Influence (DUI) charge | | | | stand. If an appeal is filed, a hearing will be scheduled |
| in Washington can be an intimidating experience. | | | | to review the facts of the case and determine |
| Although stressful and overwhelming at times, | | | | whether suspension or revocation is justified. This |
| navigating the process follows a very rigid series of | | | | finding will be made based on prior offenses and the |
| legal steps. A competent DUI attorney with current | | | | facts of the current case. In some jurisdictions, |
| knowledge of the law and the procedures followed by | | | | notification of this hearing is given at the time of arrest, |
| the court system is invaluable for anyone facing DUI | | | | but not always. Whether notification is provided or not, |
| charges. Familiarization with state law and competent | | | | it is the responsibility of the defendant to make timely |
| legal counsel that can advise you of what to expect | | | | appeals and responses in an attempt to maintain his |
| during the court process will contribute considerably | | | | driving privileges. Also, it should be noted that even if a |
| toward getting you on the right track and achieving the | | | | defendant is successful in the DOL administrative |
| best possible outcome. | | | | hearing and retains his driving privileges, they could still |
| The state of Washington uses what is known as an | | | | be revoked as a result of a negative ruling in the |
| Implied Consent standard. This standard allows law | | | | criminal matter. Because of this, there are actually two |
| enforcement to impose field sobriety testing on any | | | | different ways a driver can lose their license in |
| driver who exhibits suspicious driving. The Washington | | | | Washington if they are charged with DUI. |
| Department of Licensing grants a state driver's license | | | | The criminal case will proceed independent of the DOL |
| based on the operator's willingness to provide proof of | | | | civil action. Depending on the jurisdiction where your |
| acceptable blood alcohol content (BAC) levels at a | | | | DUI arrest took place, you will be notified of your |
| traffic stop. Therefore, if a suspected driver refuses | | | | arraignment date by the arresting officer or you will |
| an officer's request to perform a field sobriety test, or | | | | receive notification by mail as soon as formal DUI |
| the results of their test reveals a BAC of 0.08 or | | | | charges are filed by the prosecutor. At arraignment, a |
| above, the Department of Licensing will automatically | | | | guilty or not-guilty plea will be entered, conditions of |
| revoke driving privileges. | | | | release will be established, and a pre-trial date will be |
| The burden of proof in all DUI cases lies with the | | | | set. |
| arresting authority and the state of Washington. | | | | This interim period before pre-trial will be used by both |
| Evidence gathered at the time of arrest such as field | | | | sides to interview witnesses and gather evidence and |
| testing, observations made by the arresting officer and | | | | supporting material pertinent to the case. It is at this |
| any information or statements made by the defendant, | | | | time that your counsel will evaluate the procedure |
| are all collected in an effort to prove the subject's | | | | followed at your arrest to ascertain whether or not |
| inability to safely, properly or legally control a vehicle. | | | | certain evidence can be invalidated or deemed |
| The legal process begins at arrest and moves through | | | | inadmissible. Your recollection of the facts of the arrest |
| its various stages to acquittal or conviction. | | | | itself may provide your attorney with additional |
| The process actually involves two distinct proceedings. | | | | opportunities for the suppression of evidence that may |
| A civil proceeding is handled through the Department | | | | be harmful to your case. It is possible for a DUI |
| of Licensing and involves the immediate status of | | | | prosecution to be dropped at any time during the |
| driving privileges. A criminal proceeding advances | | | | process due to a lack of admissible evidence to |
| through the criminal justice system and deals with the | | | | support a conviction. Negotiations between your |
| DUI case and its eventual conviction or acquittal in the | | | | attorney and the prosecution will begin once both sides |
| criminal realm. | | | | have collected all available evidence and assessed all |
| If no appeal is filed within 20 days of the defendant's | | | | the legal issues that pertain to the case. |
| arrest, the Department of Licensing revocation will | | | | |