In Washington State, you will be cited for a DUI if your blood alcohol level is .08 or above. Because you automatically give consent to have your blood alcohol taken if the police believe you have been driving under the influence of alcohol, your license will be revoked if you refuse to take the test.
If you have been arrested for a DUI, a Seattle DUI attorney can guide you through the various stages of a DUI case. Like all criminal cases, DUI cases have specific stages, including arrest, trial, sentencing and appeals.
DUI Arrest: An arrest occurs when a person has been taken into police custody and is no longer free to leave. Once arrested, a person can invoke his/her right to remain silent.
DUI Booking and Bail: After being arrested, a DUI suspect is taken to jail and booked, during which a police officer: takes the suspect’s personal information; records information about the crime; searches records for the suspect’s background; fingerprints, photographs and searches the suspect; confiscates the suspect’s personal property; and places the suspect in a holding cell or jail. Bail is a process through which an arrested DUI suspect can pay money to be released from police custody.
DUI Arraignment: At this stage the DUI suspect is read his/her charges and enters a plea.
DUI Plea Bargains: Plea bargains are rare for DUI cases but if taken, they allow a lesser sentence in return for a guilty plea.
DUI Preliminary Hearing: At this stage, the judge uses the probable cause standard to decide whether there is enough evidence to move forward with a trial. Most DUI cases do not reach this stage because most DUI suspects choose to plead guilty, particularly if there is strong evidence of intoxication.
DUI Pre-Trial Motions: The defendant’s attorney makes arguments for certain evidence to be kept out of the trial or that the case should be dismissed.
DUI Trial: Attorneys present evidence and facts to the judge, who applies the law to decide whether the defendant is guilty.
DUI Sentencing: The appropriate legal punishment is decided at this stage. If it is your first offense in Washington State, you will spend at least 1 day in jail or 15 days with electronic home detection. You must pay $823 in fines, your driver’s license will be suspended for 90 days, and an ignition interlock device must be installed in your vehicle. For a second offense within the last 7 years, you may be ordered to a minimum of 30 days in jail as well as 60 days of electronic home detention. You must pay at least $1,078 in fines, your license will be revoked for 2 years, and you will be ordered to have an ignition interlock device installed on your car for at least one and up to five years.
DUI Appeals: After a conviction, an individual may ask a higher court to review his/her case for legal error.
If you have been cited for a DUI, contact a Seattle DUI attorney to review your options.
For more information on drunk driving law, click here.
