The Process of a DUI Case

Arraignment

After an arrest, the criminal prosecution process begins. The initial hearing is the Arraignment, where the judge will ensure you understand the charges and set conditions of release. Subsequent hearings are called Pretrial hearings, where the case may be negotiated or prepared for trial. If the case proceeds to trial, the final pre-trial hearing is the Readiness hearing, where the prosecution and defense confirm their readiness.

Pretrial

During the Pretrial phase, your attorney may file various Motions to challenge the case against you. This requires careful consideration, as filing frivolous Motions can harm your defense strategy. The goal is to pursue the best outcome, whether that's a dismissal, a reduced charge, or preparing for trial.

It's important to understand that DUI cases are challenging to dismiss outright, as the elements of the crime are relatively straightforward for the prosecution to prove. However, experienced DUI attorneys can often negotiate alternative resolutions, such as a "delayed dismissal" or a plea to a lesser charge like Reckless Driving or Negligent Driving.

The specific options available will depend on the jurisdiction and the details of your case. Our attorneys have extensive experience navigating the DUI process and can provide personalized guidance on the best path forward. We understand the stress and uncertainty you're facing, and we're here to help you make informed decisions every step of the way.

Please don't hesitate to reach out for a free consultation to discuss your case and explore the potential outcomes. We're available to address your concerns and provide the support you need during this difficult time.

Motions or Evidentiary Hearing

This is a substantive hearing where the defendant challenges the case against them. The arresting officer is typically required to attend. The defendant's DUI attorney will have the opportunity to question and cross-examine the officer and other prosecution witnesses. Additionally, the defense can present their own testimony and evidence.

At the conclusion, both sides are permitted to make legal arguments in support

of their position.

Readiness Hearing

The readiness hearing typically occurs a few days to a week before trial. The purpose is for the defense and prosecution to discuss the case and determine if it can be resolved without going to trial. If no plea agreement is reached and both sides affirm they are ready, the judge will set the case for trial. In some instances, scheduling conflicts with witnesses or other cases may result in the trial being postponed by a month or two.

The Trial

The defendant has two options for trial: a jury trial with six jurors, or a bench trial where only the judge decides the case. Depending on the circumstances, a bench trial may be the preferred option. It is crucial to have an experienced DUI lawyer who can advise on the pros and cons of each approach for the specific case.

DUI trials generally last anywhere from a day to a week, depending on the amount of evidence and number of witnesses. For a jury to convict on a misdemeanor DUI in Washington, the verdict must be unanimous.

Sentencing

If convicted or if the defendant accepts a reduced charge, the judge will impose the sentence. At sentencing, the defendant's attorney will speak, and the defendant will have the constitutional right to address the court, if advised by counsel that it could positively influence the judge's decision. Serious DUI penalties may be imposed, so legal representation is crucial throughout the

entire process.

It is important to note that this overview describes the general process in Washington state. A person accused of DUI should consult a local DUI attorney to understand the specific procedures in their jurisdiction.