What Takes Place at a DUI Arraignment in Washington State.
If you have been arrested for a DUI in Washington State then chances are you will have to appear in court to address these charges. Different courts in Washington State all have different procedures when it comes to court hearings for a DUI. All courts however set an arraignment date as a first appearance.
The time frame for this date depends on which county or municipality your DUI arrest occurred. For example if you were arrested in the City of Seattle then your arraignment date is typically a few days after your DUI arrest. However if you were arrested on a major highway in King County by a Washington State Trooper than your court date will be mailed to you, and that can take as long as 3-6 months.
So lets say you have received notice for your DUI arraignment. What happens next. Well if you haven't already spoken with an attorney that focuses on DUI defense than its probably a good idea to do so immediately.
After you have your DUI attorney situation sorted out, then the next thing that happens is you will actually appear in court for your arraignment. This hearing is actually pretty informal if you have never been in trouble before. Typically you get up before the Judge. The Prosecutor will inform you of what they are charging you with. Ask you if you understand. Then they will ask you how do you plea to these charges. Guilty or Not guilty. Since this is your first appearance obviously most people plea not guilty.
After that takes place then the Prosecutor will usually ask for conditions of release while the DUI case is going on. Typically these conditions include the following: staying out of trouble, not driving unless you have a valid license and insurance, not driving after drinking alcohol, coming to all court dates, and no refusal of a breath or blood test if asked by law enforcement. These are your standard conditions if you have never been in trouble before.
Now if you have been in trouble before, or if there are egregious facts to your case. Sometimes the Prosecutor will ask for enhanced conditions. These conditions can range from installing an ignition interlock device in your vehicle to setting bail. In Washington State the factors in determining whether these types of conditions are imposed are set forth in Local Criminal Rule 3.2 titled release of the accused. This rule is very important to understand and the experienced DUI Lawyer will be able to make appropriate objections if warranted.
Generally if a Judge can find that the accused is not likely to come back to court, or they are likely to intimidate a witness, or if they are likely to commit a violent offense in the future then bail or other enhanced conditions can be set forth in the DUI case.
The time frame for this date depends on which county or municipality your DUI arrest occurred. For example if you were arrested in the City of Seattle then your arraignment date is typically a few days after your DUI arrest. However if you were arrested on a major highway in King County by a Washington State Trooper than your court date will be mailed to you, and that can take as long as 3-6 months.
So lets say you have received notice for your DUI arraignment. What happens next. Well if you haven't already spoken with an attorney that focuses on DUI defense than its probably a good idea to do so immediately.
After you have your DUI attorney situation sorted out, then the next thing that happens is you will actually appear in court for your arraignment. This hearing is actually pretty informal if you have never been in trouble before. Typically you get up before the Judge. The Prosecutor will inform you of what they are charging you with. Ask you if you understand. Then they will ask you how do you plea to these charges. Guilty or Not guilty. Since this is your first appearance obviously most people plea not guilty.
After that takes place then the Prosecutor will usually ask for conditions of release while the DUI case is going on. Typically these conditions include the following: staying out of trouble, not driving unless you have a valid license and insurance, not driving after drinking alcohol, coming to all court dates, and no refusal of a breath or blood test if asked by law enforcement. These are your standard conditions if you have never been in trouble before.
Now if you have been in trouble before, or if there are egregious facts to your case. Sometimes the Prosecutor will ask for enhanced conditions. These conditions can range from installing an ignition interlock device in your vehicle to setting bail. In Washington State the factors in determining whether these types of conditions are imposed are set forth in Local Criminal Rule 3.2 titled release of the accused. This rule is very important to understand and the experienced DUI Lawyer will be able to make appropriate objections if warranted.
Generally if a Judge can find that the accused is not likely to come back to court, or they are likely to intimidate a witness, or if they are likely to commit a violent offense in the future then bail or other enhanced conditions can be set forth in the DUI case.
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