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Experienced Washington State DUI Defense

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Arrested for DUI in Snohomish County?
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The Law Offices of Jason S. Newcombe
Experienced WA State Criminal Defense Lawyers.

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What happens after my Everett or Snohomish County DUI arrest?

The first thing that you need to understand is that when you have been arrested for DUI here in Washington State, you are really facing two separate prosecutions. The first case is with the Washington State Department of Licensing. If you either provided a breath or a blood sample that was above .08, or you refused to submit to a breath or blood test at the station or hospital, the Washington State Department of Licensing will attempt to suspend your license for a minimum 90 to 365 days.

If this is your first offense, the suspension will be for 90 days if your test was above the .08 legal limit, and for 365 days if you refused to submit to a test altogether. If this was your second DUI arrest within the last seven years, the potential mandatory suspension period increases dramatically. Please see the DUI sentencing grid on our page regarding "Washington DUI Penalties" for additional information.

1. Washington State Department of Motor Vehicle Hearing:

To preserve your right to drive in Washington, you must request a hearing the Washington State Department of Licensing within 20 days after your DUI arrest. Having to file this request is often a complete shock to many of our clients who tell us that the arresting officer never told them of such a requirement. Unfortunately, the arresting officer is not required to do so by law. Instead, he or she is only required to provide you with the hearing request form, which should have been give to you after you were booked and released.

If you had a valid license when stopped were stopped, your driving privileges are NOT automatically revoked as a result of your arrest. Typically, the officer also does not confiscate your otherwise valid Washington state driver’s license simply as a result of your DUI arrest. Instead, the officer punches a hole through it. But it is absolutely imperative that you make a timely request for a hearing and challenge the underlying suspension pursuant to your Washington DUI arrest. If you do not request a hearing under the “Implied Consent” law, your license will be suspended.

If you lose at the hearing, you license will be suspended for minimum of 90 days once a final written order is issued. Depending on the specific facts of your case, you may be eligible for a hardship permit for things like driving to and from work, alcohol treatment and/or caring for a dependent. But you WILL NOT be eligible for a hardship permit until at least 20 days after the date that the suspension takes effect. If your suspension is for one year, you WILL NOT be eligible for a hardship permit for the first 90 days of the license suspension. During this period, you cannot drive under any circumstances. If you must obtain a hardship permit, we can assist you with this process

2. Arraignment:

The second prosecution that you face after your DUI arrest is in the Snohomish County criminal court system. Where you are ultimately ordered to appear will depend in large part on where you were arrested and by which Washington law enforcement agency effectuated your arrest. For example, if you were arrested by Washington State Patrol or a Snohomish County Deputy Sheriff, you will most likely be ordered to appear in one of Snohomish County's District Courts in either Everett, Lynnwood or Arlington. If, however, you were arrested by Marysville Municipal Police, you will be ordered to appear in Marysville Municipal Court.

The criminal process for actually fighting your Washington DUI begins at this first hearing, which is called an arraignment. This date is sometime found on ticket issued to you by the arresting officer. Often, however, the matter is simply under “investigation” following your arrest.

If your Snohomish County DUI remains under investigation after you arrest, you will be mailed a notice to appear for your arraignment. Your presence at the arraignment here in Snohomish County is mandatory. Unlike many other types of misdemeanor crimes, a Snohomish County DUI arraignment cannot be waived by your attorney.

As a practical matter, however, unless this is your second offense, most Snohomish County DUI arraignments are pretty straightforward. The most significant thing that happens is that a “not guilty” plea is entered on your behalf and the matter is set for a pretrial. The significant thing that happens at your arraignment is that the judge will impose various "release conditions" pending your next hearing. As a practical matter, however, the primary function of your arraignment is to advise you of your rights. Any seasoned Snohomish County DUI attorney should be able to tell you what to expect, and what conditions a particular court or judge might impose.

3. Pre-trial Hearing

After you arraignment, the matter will be set for a Pre-trial Hearing. At the Pre-trial Hearing, your case will either be resolved through plea negotiations or it will be set for trial. Our offices have handled hundreds of Washington DUI cases over the years. The simple truth is that there is no way to predict how your case will turn out and whether it will be resolved at your Pre-trial Hearing until your police reports are reviewed by an experienced Washington State DUI attorney.

4. Suppression Hearing (“Motions Date”):

If your DUI case is NOT resolved at your Pre-trial Hearing, it will be put on a trial track. Prior to your actual trial, however, a “Motions Date” will be set. The Motions Date is a suppression hearing. At this hearing, your attorney will have filed specific motions to suppress various pieces of evidence.

After hearing testimony and argument regarding Washington’s DUI laws, the Court may suppress some or all of the evidence against you if your constitutional or statutory rights have been violated. Typically, your suppression hearing occurs anywhere two to six weeks prior to your actual trial. Many Everett and Snohomish County DUI cases are resolved after this hearing but prior to trial.

5. Trial:

In the event that your case is not resolved following your suppression hearing, it will be set for trial. Snohomish County DUI trials are almost always a trial to a jury of six “peers” drawn from the local community in which you are charged. Trial must be held within 90 days after your arraignment if you are out of custody or within 30 days after your arraignment if you are in custody, unless you specifically agree to waive these rights.

6. Sentencing:

In the event that you either plead guilty or are found guilty at trial, the Court will impose a sentence. As detailed on our page regarding “Washington DUI Laws”, the Court is bound to sentence you to the mandatory minimums based on Washington’s DUI statutes. But these are only the “mandatory minimums”. The Court is free to sentence you up the maximum penalty allowed under Washington State law, which is 365 days in jail and a $5,000 fine.