DUI/DWI: A Step by Step Overview and Penalties

Introduction

Matthew T. Hale and his associates have a great deal of experience representing individuals charged with DUI, also known as DWI. If you have been charged with DUI, the first thing that you should know is that a DUI is a criminal offense in Washington. If you are convicted as charged, you could be sentenced to up to one year in jail and a $5000 fine. Your criminal record will also bring you long lasting consequences in regards to your career choices and driving freedoms. Therefore, it is imperative that you take the charge seriously and hire an excellent criminal defense attorney to represent you. Here is some information that may help you through the process. You can also call or email us anytime for a free consultation.

I. The Arraignment.
The arraignment is the first court appearance that you must attend after being arrested for DUI. When people are initially stopped and arrested for DUI, there are several things that may happen. First, they may be released and told that they will receive notice of an arraignment date in the mail. Second, they may be released with a court date. Third, they may be held in custody until the arraignment date.

At the arraignment, the prosecuting attorney will formally charge you with DUI and then ask you to enter a plea to the charge. You should always enter a plea of not guilty at the arraignment. Even if the evidence against you appears to be overwhelming, you need to plead not guilty so that you can see all of the evidence before making a decision that will affect the rest of your life. Also, you should always reserve your right to a speedy trial within 90 days and your right to a jury trial.

The arraignment is also the time that the prosecutor may ask for conditions of release. Sometimes, the prosecutor will ask that you not be released without posting bail. If this is your first offense and you had a relatively low amount of alcohol in your system, then the typical condition of release is that you not drink until the case is resolved. If you have prior offenses, then the conditions can include mandatory attendance at AA meetings, the imposition of an ignition interlock device on your vehicle, or the imposition of bail. After your arraignment, you will be given notice of your next court date, which is the pre-trial conference. All court dates are mandatory, unless your attorney specifically tells you otherwise.

II. The Pre-Trial Conference.
The pre-trial conference is an informal hearing at which the prosecutor meets with the defense attorney to discuss the case. This gives both sides an opportunity to explore plea bargaining options and to make sure that both sides have exchanged all evidence as required by the court.

At the pre-trial conference, you have three options. First, you may continue the pre-trial conference if you have a good reason. This will allow your attorney more time to prepare a defense. It will also allow you more time to obtain an alcohol evaluation and complete a DUI victims panel, which should always be done prior to the pre-trial conference. Generally you need to sign a speedy trial waiver in order to get a continuance, but it is often in your best interest to do so. Second, you may set the case for a jury trial. If your case is set for trial, your attorney will file several legal motions, schedule a pre-trial motions hearing, schedule a readiness hearing, and schedule a trial date. Third, you may accept a pre-trial offer.

III. The Pre-Trial Motions.
The pre-trial motions hearing is a hearing at which the defense presents arguments on all relevant motions on behalf of the defendant. At the motions hearing, witnesses are often called to testify, including the arresting officers. If the judge rules in favor of the defendant's motions, evidence will be suppressed and often the case will be dismissed. If the case is not dismissed after the pre-trial motions, then a readiness hearing is held.

IV. The Readiness Hearing.
The readiness hearing is a hearing that is set just before the jury trial date. It is the last chance for the parties to resolve the case prior to trial. If no deals are agreed to, then the jury trial date is confirmed.

V. The Trial.
Since a DUI charge is a criminal offense, you have the right to a jury trial. Six people from the community will be called upon to make a judgment in your case.

VI. Sentencing.
If you are convicted of DUI, a sentencing hearing is set to determine how you should be punished. The State of Washington has very specific penalties for DUI.

VI. The Appeal.
If you are convicted of DUI, you have the right to appeal that verdict. This appeal is taken to the superior court in the county where the trial was held. You must appeal a judgment against you within 30 days of the judgment, or you waive the right to appeal.

VII. The Department of Licensing.
When you are arrested for DUI, the officer should give you a Department of Licensing Hearing Request Form. You need to send in this form with $200 in order to have a hearing to contest your license suspension or revocation. You must send this form in within 20 days from the date of the offense. If you do not send the form in, you will be automatically suspended or revoked for a period of time depending on your situation. Since the Department of Licensing and the courts are independent of each other, they both have the authority to impose a suspension or revocation. So, even if you win your Department of Licensing hearing, the court still has the authority to suspend or revoke your license.

VIII. Alcohol Evaluation.
As was stated above, prior to your pre-trial conference, you should obtain an alcohol evaluation from a state-certified alcohol treatment facility. You should call a treatment agency and set an appointment as soon as possible after your arrest.

VIII. Deferred Prosecution.
Deferred prosecution is an option that allows a person who has an alcohol problem, a drug problem, or a mental health problem to complete an intensive treatment program and get a dismissal of the criminal charge. In order to be eligible for this program, you must be found to be alcohol dependent, drug dependent, or mentally ill. Also, you are only allowed one deferred prosecution, so if you have been granted one in the past, you are not eligible for one now.

IX. Summary.
A DUI is a very serious criminal charge. There are incredibly complex issues involved in these cases. Therefore, you should hire an attorney who has successfully handled many of these cases. We have the experience and resources necessary to mount an aggressive defense for you.

Sentencing ranges for DUI

I. First offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 1 day in jail or 15 days home monitoring (though you can be sentenced up to a year in jail, even on a first DUI), $685 fine, 90-day license suspension, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and possibly an ignition interlock device requirement at the discretion of the court. Attorneys at the Hale Law Firm have a very strong track record of keeping first DUIs off of our clients' records. Call us today to see how we can help you.

II. First offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 2 days in jail or 30 days home monitoring, $925 fine, one-year license suspension, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

III. Second offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 30 days in jail plus 60 days home monitoring, $925 fine, two-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

IV. Second offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 45 days in jail plus 90 days home monitoring, $1325 fine, 900-day license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

V. Third offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 90 days in jail plus 120 days home monitoring, $1725 fine, three-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

VI. Third offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 120 days in jail plus 150 days home monitoring, $2525 fine, three-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

More questions? Call my office anytime to schedule a free consultation on your case.

Matthew T. Hale
206-622-9972
Founder and Attorney at Law
The Hale Law Firm

http://halelawdui.blogspot.com/

Shoplifting & Theft

The Hale Law Firm has extensive experience in handling cases that involve shoplifting and theft, from simpler infractions to felony theft charges in Superior Court. Depending on the nature of the charge and the court in which you are being charged, possible jail times vary greatly from a day to a year in jail. Your prior criminal record may also come into play. Contact us today for more information.

Sincerely,


Matthew T. Hale
206-622-9972
Founder and Attorney at Law
The Hale Law Firm

Assault

Our aggressive Hale Law Firm criminal defense attorneys have handled numerous assault charges, ranging from misdemeanor cases in district and municipal courts to felony cases in Superior Courts. Due to the range of complexities involved in handling assault charges, it is best to call an experienced attorney to advise you on your case.

Probation Violations

More information coming soon.

Homicide

The Hale Law Firm has extensive experience in handling cases of murder/vehicular homicide.

If you are charged with murder or vehicular homicide, you know you need experienced, aggressive attorneys to defend you. Murder/vehicular homicide are both class A felonies, meaning that the maximum penalty for conviction is life in prison and a $50,000 fine. In addition, you may be obligated to pay restitution and damages to the family of the victim.

If you are convicted of vehicular homicide under the influence of alcohol or drugs, the courts will automatically add 2 years to your sentence for every prior offense for which you have been convicted.

If you are convicted of murder, there is also the possibility of capital punishment, depending on the circumstances of the charge.

Due to the very serious nature of this type of charge, it is imperative that you hire an aggressive, knowledgeable attorney ASAP to review your case and your options.


Matthew T. Hale
Founder and Attorney at Law
The Hale Law Firm
Phone: 206-622-9972

Underage Drinking

The Hale Law Firm has extensive experience in handling cases of underage drinking.

There are two major charges that we handle in this category: Minor in Possession (MIP) and Minor Driving Under the Influence (MDUI).

Minor in Possession (MIP)

This charge means you are being charged with consuming alcohol under the age of 21. This is punishable by up to a year in prison and a $5000 fine. If you are in school or plan to attend school, a conviction of this charge may be grounds for barring admission or expulsion if you are currently enrolled. Furthermore, a conviction in some cases will negatively affect your ability to receive financial aid. Attorneys at the Hale Law Firm are experts at getting MIPs dismissed. Please call us today to see how we can help you.

Minor Driving Under the Influence (MDUI)

A minor DUI is a very serious criminal offense. If you have been charged with a minor DUI, you are facing the possibility of 90 days in jail and a $1,000 fine. You also face a license suspension of up to a year. Like an MIP conviction, a minor DUI on your record will have strong negative consequences on your ability to go to school and find employment in the long term. However, attorneys at the Hale Law Firm get these charges dismissed or reduced on a daily basis. Contact us now to see how we can help you.

Sincerely,

Matthew T. Hale
Founder and Attorney at Law
The Hale Law Firm
Phone: 206-622-9972

Hit and Run

There are two categories of hit and run in the State of Washington: attended and unattended.

Attended

If you have been charged with Hit and Run/Attended it means you are being charged with colliding your vehicle with another vehicle and leaving the scene without providing the other driver/occupant with your insurance and contact information. Hit and Run Attended carries a maximum sentence of a year in jail, a $5,000 fine, and license suspension of one year. If the other party involved in the collision was injured, this charge can become a felony. However, there is a possibility of offering restitution to the other party involved and keeping the criminal charges off of your record. Call us today to see how we can assist you.

Unattended

A charge of hit and run unattended means that you are being charged with colliding your vehicle into the unattended vehicle and/or property of another without leaving your contact information. This charge is punishable by up to 90 days in jail and a $1,000 fine. However, there is a possibility of offering restitution to the other party involved and getting the criminal charges dismissed. Call us today to see how we can assist you.

Sincerely,

Matthew T. Hale
Founder and Attorney at Law
The Hale Law Firm
Phone: 206-622-9972

Driving While License Suspended

Driving While License Suspended (DWLS) has three categories: DWLS 1, DWLS 2, and DWLS 3, with varying degrees of penalties.

DWLS 1

A charge of DWLS 1 means the Department of Licensing has classified you as a Habitual Traffic Offender. Being charged with DWLS 1 is significant because the charge carries a mandatory jail sentence upon conviction. This offense is punishable by up to one year in jail and a $5,000.00 fine. For a first conviction there is a mandatory minimum 10 days in jail, for the second the mandatory sentence is 90 days, and for the third conviction the mandatory jail sentence would be 180 days. DWLS will also suspend one's license beyond any current license revocation. You have the right to appeal the Habitual Traffic Offender automatic license suspension through a hearing with the Department of Licensing.

DWLS 2

A charge of DWLS 2 means that you were driving while on a suspension without eligibility of license reinstatement. DWLS 2 carries maximum penalty of up to a year in jail and $5,000 fine.

DWLS 3

A charge of DWLS 3 means that you were driving on a suspended license when you were eligible for license reinstatement. DWLS 3 carries a maximum penalty of 90 days in jail and a $1,000 fine.

For more information on your DWLS charge, please call our office today for a free consultation.

Sincerely,

Matthew T. Hale
Founder and Attorney at Law
The Hale Law Firm
Phone: 206-622-9972

Robbery

More information coming soon.

Criminal Trespass

If you are being charged with criminal trespass, you are facing a maximum of 90 days in jail and a $1000 fine. However, attorneys at the Hale Law Firm can arrange for restitution to the alleged victim in lieu of criminal charges being filed. This means that you can potentially keep the criminal charges off of your record, which will have positive long term implications for your future.

Call me today to learn more about how we can help your case.

Sincerely,

Matthew T. Hale
Attorney at Law
The Hale Law Firm
Phone: 206-622-9972
matthew@halelaw.com

Burglary

More information coming soon.


Matthew T. Hale
206-622-9972
Founder and Attorney at Law
The Hale Law Firm

Sex-related Offenses

More information coming soon.

Illegal Drugs

Attorneys at the Hale Law Firm have handled every type of drug crime. We handle cases in municipal and district court, like possession of small amounts of marijuana or paraphernalia. We also handle cases in superior court, like possession of larger amounts of drugs or possession with intent to sell or deliver. And finally, we have experience in handling federal drug charges, like large conspiracy cases and the importation of drugs from other countries. Please feel free to call us for a free consultation regarding any type of drug crime.

Personal Injury

The Hale Law Firm also specializes in personal injury cases. More information coming soon.

Washington DUI Penalties

There are severe penalties in the State of Washington for even a first-time DUI, or DWI offender. Therefore, it is imperative that you hire an aggressive attorney to defend you ASAP.

I. First offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 1 day in jail or 15 days home monitoring, $685 fine, 90-day license suspension, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and possibly an ignition interlock device requirement at the discretion of the court.

II. First offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 2 days in jail or 30 days home monitoring, $925 fine, one-year license suspension, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

III. Second offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 30 days in jail plus 60 days home monitoring, $925 fine, two-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

IV. Second offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 45 days in jail plus 90 days home monitoring, $1325 fine, 900-day license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

V. Third offense in 7 years with a test result under .15.

The mandatory minimum sentence in this case is 90 days in jail plus 120 days home monitoring, $1725 fine, three-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

VI. Third offense in 7 years with a test result over .15 or a refusal.

The mandatory minimum sentence in this case is 120 days in jail plus 150 days home monitoring, $2525 fine, three-year license revocation, SR-22 insurance for 3 years following reinstatement, alcohol evaluation and follow-up treatment, up to 5 years of monitored probation, and an ignition interlock device requirement for one year minimum.

More questions? Call my office anytime to schedule a free consultation on your case.

Matthew T. Hale
206-622-9972
Founder and Attorney at Law
The Hale Law Firm
www.halelaw.com

The Hale Law Firm

Welcome to the Hale Law Firm's blog, where you can get the latest updates on Washington DUI/DWI resources and information, as well as other kinds of criminal charges.

Here you can get the latest updates on courts procedures, relevent laws, and various resources about your case.

Sincerely,

Matthew T. Hale,
Founder and Attorney at Law

The Hale Law Firm: Providing aggressive criminal defense in Washington State since 1998.
Contact us today for a free consultation on your case!
Phone: 206-622-9972
Email: info@halelaw.com
http://www.halelaw.com/