DUI Arraignment Process
The first formal hearing in a Washington State DUI case is called an “Arraignment.” Notification for this hearing is typically provided in one of two ways: (1) on the bottom of a DUI citation received at the time of release from custody, or (2) via a summons received by mail weeks or months after the arrest. In either case, defendants often receive only 3 to 4 days of advanced notice.
Arraignment calendars are often chaotic, with 40 to 50 people scheduled at the same time. While the atmosphere can be intimidating, the actual process moves quickly. Upon arrival, a defendant must sign a “Notice of Defendant’s Rights at Arraignment” form to acknowledge they understand their legal rights.
When called, the judge or prosecutor will verify the defendant's identity and ensure they understand the nature of the charges. A DUI defendant should always initially enter a plea of “not guilty.” This allows time to consult with a qualified Seattle DUI lawyer to consider strategies and potential defenses.
During the proceeding, the judge reviews an “Affidavit of Probable Cause” to determine Conditions of Release. These are requirements a defendant must follow to remain out of custody while the case is pending, which may include:
- Not consuming alcohol
- Not driving without a valid license and insurance
- Not driving with a blood alcohol concentration of .08 or greater
The process concludes when the judge issues a new court date for a Pretrial or Readiness Hearing.
DUI and Mandatory Court Appearances
Under Washington State law, court appearances for DUI-related offenses are mandatory and cannot be waived. The timing of the first appearance depends on how you were charged:
- If served a citation at the time of arrest: You are generally required to appear in person within one judicial day.
- If not served at the time of the incident: You must appear as soon as practicable, but no later than 14 days after the court is next in session following the filing of the complaint.
At this first appearance, the court is legally required to determine the necessity of pretrial release conditions.
DUI - Criminal History and Driving Record
Before sentencing for a DUI, Physical Control, or a reduced charge (such as Reckless Driving or Negligent Driving), the court and prosecutor must verify the person’s history. The court must include specific findings of fact regarding:
- Criminal History: All previous convictions and deferred prosecutions reported through the state’s Judicial Information System (JIS).
- Driving Record: All information reported by the Washington State Department of Licensing.
Prior convictions or reduced charges that occurred within seven years of the new allegation significantly increase the sentencing standards.
Washington State Deferred Prosecution Statute
Under the Washington Deferred Prosecution Statute, individuals who suffer from alcohol or drug addiction can petition the court for a dismissal of their pending DUI charge. To qualify, the individual must:
- Undergo and complete an intensive alcohol and/or drug treatment program.
- Follow all court-ordered conditions for a period of at least five years.
Successful completion results in a dismissal of the charge, while failure to comply results in an automatic conviction. A person is eligible for only one deferred prosecution in their lifetime, making it critical to consult with a DUI attorney before choosing this path.
