Criminal Defense FAQ

You have been arrested for a DUI, and you leave the police station or jail, unsure of what happens next.

Your first hearing that you will attend is called an arraignment. An arraignment is where the City/State will be formally charging you with the crime. At the arraignment, you will enter a not guilty plea to protect your rights, and then the prosecutor will decide if they are requesting bail or other conditions. Typically, in a DUI, the prosecutor will ask that you do not drive or be in physical control of a motor vehicle with a BAC concentration of .08 or higher or THC concentration of 5.00 or higher, no possession of consumption of alcohol or non-prescribed drugs, and no refusal or a breath or blood test.

After the arraignment, your attorney will obtain the police report from the prosecutor to review with you. Your attorney will speak to the prosecutor about some sort of offer to have by the pretrial hearing. At the pretrial hearing, this is like a check point hearing for the Judge and other parties to see what is going to happen with the case. You can continue your case, set your case for trial, or resolve your case by taking the offer from the prosecutor. Often time, you will need to continue your first pretrial hearing so that your attorney can negotiate with the prosecutor for you to get a better deal. With DUIs, you will want to obtain an alcohol evaluation and follow up with any required treatment or classes and complete a DUI Victim’s Panel. These will often be required by the Judge and will help your attorney in negotiating with the prosecutor.

If you’re confused what an “offer” is, it is a result that the prosecutor thinks is fair given the facts of your case. Prosecutors will often consider a few factors to determine what your offer will be: your history, your BAC number, if there were any passengers in the car, or if there was a collision. You do not have to accept this offer; your attorney can make a counter offer.

If you do not want to go to trial on your case, then you can resolve your case by pleading guilty, potentially a pretrial diversion, or a deferred prosecution.

Pretrial diversions are typically rare on DUIs so you will want to talk to your attorney about what those are and if they are achievable results given your prosecutor and judge.

A good result for a DUI is to plead guilty to a reduced charge of Reckless Driving or Negligent Driving 1st Degree. Those have less severe consequences then pleading guilty as charged to the DUI.

A deferred prosecution is a 2-year commitment and follow through with treatment programs plus 3 years of court supervision. You are only allowed to use a deferred prosecution once in your lifetime, so a criminal defense attorney will be able to advise you if this is the smartest route to take.

The court process can be confusing but consulting an attorney right away will help alleviate this confusion. Sterling Law has experience handling DUIs and other driving related offenses in Puyallup Municipal Court, Lakewood Municipal Court, Seatac Municipal Court, Burien Municipal Court, Tukwila Municipal Court, Auburn Municipal Court, King County District Court, Thurston District Court, Pierce County District Court, and many other courts in Western Washington. We want to help make this difficult process as easy as possible for you. Call us today.

When you get arrested for a DUI, there are consequences associated with your license.

When you first get arrested, the officer should give you notice that your license will be suspended within 7 days unless you request a DOL hearing. If you do not request the hearing within that 7 day time frame, then your license will be suspended. The time frame used to be 20 days so if you get paperwork saying you have 20 days to request a hearing, then that paperwork is wrong.

In order to request a DOL hearing, there is a form that you must fill out and you must pay a non-refundable fee of $375. You can request financial assistance to help paying this fee.

If you request the hearing, you will get notice of when that hearing is. It’s a telephonic hearing and the DOL hearing examiner is looking for specific considerations: whether you were under lawful arrest, whether an officer had reasonable grounds to believe you were driving under the influence, whether you were advised of your rights, and whether you either refused to submit to a BAC test or if the test happened, that you were below a .08.

If you win the DOL hearing, then your license will not be suspended by the DOL. If you lose the DOL hearing, your license will be suspended by the DOL.

The length of time that your license will be suspended by the DOL varies. Let’s look at someone who is being charged for the first time with a DUI:

If your BAC (breath test) was under a .15 or the test did not occur and this was your first DUI, then your license will be suspended for 90 days. If your BAC was above a .15 and this was your first DUI, then your license will be suspended for 90 days. If you refused the BAC test and this is your first offense, your license will be suspended for 1 year.

If your license does get suspended, there is a special type of license called a restricted license or an ignition interlock license that you can use to drive during your suspension. You must also apply for that through the DOL website.

There are other requirements based on the number of DUI offenses/charges you have such as ignition interlock requirements and SR 22 insurance.

The confusing part of this is that not only can the DOL administratively suspend your license, but the criminal court can suspend your license as well. Again, the length of time that your license will be suspended by a criminal court varies. For a first time DUI: if your BAC is under a .15 or the test did not occur, your license will be suspended for 90 days. If your BAC is above a .15, your license will be suspended for 1 year. If you refuse the BAC test, then your license will be suspended for 2 years.

This license suspension by the criminal courts will not occur until you are convicted of the DUI. If you plead guilty to a lesser charge, this will change whether or not your license is suspended by the criminal courts.

The DOL will also give you credit for any time that your license was suspended. So let’s say that your license was suspended by the DOL for 90 days, but then you don’t plead guilty to your DUI until for 4 months later. The criminal court will notify the DOL that your license will be suspended for 90 days, but since it was previously suspended by the DOL, you will get credit for this and your license won’t be re-suspended.

As you can see, this is a very confusing process. A DUI attorney can not only argue the DOL hearing for you, but will fully inform you whether or not your license will be suspended depending what action happens with your case.

What is an Ignition Interlock Device?
An Ignition Interlock Device is commonly known as a “blow and go”. It’s the device that you put into your car and blow into for your car to start. It will not start if it detects alcohol.

Can someone else blow into the ignition interlock for me?
You cannot have someone else blow into this device to start your car otherwise it will be a violation for you.

Will certain substances set off the device?
You could also face a violation and your car will not start if you have used mouthwash, some medications such as Nyquil, and other ethanol products that are ingested. These products have chemicals that are the same as the chemicals found in alcohol or have chemicals that mimic alcohol, and the device cannot tell the difference.

What happens if I’m caught driving without the device?
If you have violations, you could be subject to longer time with the device and punishment from the courts including jail time. If you drive without an ignition interlock device, this is punishable up to 364 days in jail and a $5000 fine.

How long am I required to have an ignition interlock device?
The length of the time required for an ignition interlock device will vary. If you have been charged with a DUI in the last seven years, the courts will require that pretrial (meaning while your case is still pending) that you are required to been on either house arrest with alcohol monitoring (EHM with SCRAM) or an ignition interlock device. Even if this is your first DUI charge, the judge could require you to have this device still. Once you resolve your case (plead guilty or go to trial), then the judge will lift the pretrial requirement for the ignition interlock device.

The Department of Licensing has their own requirements for the ignition interlock device. If this is your first conviction for a DUI and your blood alcohol concentration (BAC) was either under .15, over .15, or you refused the test, then you will be required to have the device for 1 year. If  this is your second DUI, and your BAC was either under .15, over .15, or you refused the test, then you may be required to have the device for up to five years.

I drive a work vehicle. Do I need the ignition interlock device in my work vehicle?
If you operate a work vehicle, there’s a form that you can submit to the DOL so that your employer does not have to install the ignition interlock device on the work vehicle.

If I don’t own a car and I don’t plan on driving, do I still need the ignition interlock?
The requirements for the ignition interlock device will stand. If you are ordered to have an ignition interlock device as a pretrial condition through the court, you can sign a declaration of non-driving. If you have been convicted of a DUI so the requirement is through the DOL, then you do not need to submit anything to the court. You cannot just wait out the time, though, and then a year later drive without a device. For example, if you do not drive for 5 years, and then start driving again, that car still must have an ignition interlock device for 1 year  (or whatever the required time length by the DOL).

What if I cannot afford the device?
The DOL website has financial assistance that you can apply for.

Who can help me with question about the ignition interlock device?
Contact our office today if you have more questions about how to get an ignition interlock device, how long you are required to have the device, or any other questions involving the ignition interlock device. You can also go to the DOL website and search “ignition interlock device” or “IID.”

When you get arrested for a DUI, there are consequences associated with your license.

When you first get arrested, the officer should give you notice that your license will be suspended within 7 days unless you request a DOL hearing. If you do not request the hearing within that 7 day time frame, then your license will be suspended. The time frame used to be 20 days so if you get paperwork saying you have 20 days to request a hearing, then that paperwork is wrong.

In order to request a DOL hearing, there is a form that you must fill out and you must pay a non-refundable fee of $375. You can request financial assistance to help paying this fee.

If you request the hearing, you will get notice of when that hearing is. It’s a telephonic hearing and the DOL hearing examiner is looking for specific considerations: whether you were under lawful arrest, whether an officer had reasonable grounds to believe you were driving under the influence, whether you were advised of your rights, and whether you either refused to submit to a BAC test or if the test happened, that you were below a .08.

If you win the DOL hearing, then your license will not be suspended by the DOL. If you lose the DOL hearing, your license will be suspended by the DOL.

The length of time that your license will be suspended by the DOL varies. Let’s look at someone who is being charged for the first time with a DUI:

If your BAC (breath test) was under a .15 or the test did not occur and this was your first DUI, then your license will be suspended for 90 days. If your BAC was above a .15 and this was your first DUI, then your license will be suspended for 90 days. If you refused the BAC test and this is your first offense, your license will be suspended for 1 year.

If your license does get suspended, there is a special type of license called a restricted license or an ignition interlock license that you can use to drive during your suspension. You must also apply for that through the DOL website.

There are other requirements based on the number of DUI offenses/charges you have such as ignition interlock requirements and SR 22 insurance.

The confusing part of this is that not only can the DOL administratively suspend your license, but the criminal court can suspend your license as well. Again, the length of time that your license will be suspended by a criminal court varies. For a first time DUI: if your BAC is under a .15 or the test did not occur, your license will be suspended for 90 days. If your BAC is above a .15, your license will be suspended for 1 year. If you refuse the BAC test, then your license will be suspended for 2 years.

This license suspension by the criminal courts will not occur until you are convicted of the DUI. If you plead guilty to a lesser charge, this will change whether or not your license is suspended by the criminal courts.

The DOL will also give you credit for any time that your license was suspended. So let’s say that your license was suspended by the DOL for 90 days, but then you don’t plead guilty to your DUI until for 4 months later. The criminal court will notify the DOL that your license will be suspended for 90 days, but since it was previously suspended by the DOL, you will get credit for this and your license won’t be re-suspended.

As you can see, this is a very confusing process. A DUI attorney can not only argue the DOL hearing for you, but will fully inform you whether or not your license will be suspended depending what action happens with your case.

What will a judge require before arraignment?
Nothing! However, the DOL will suspend your license if you do not notify them within 7 days from the date of your arrest that you want a hearing to fight the administrative suspension.

What will a judge require at arraignment?
From the time of arraignment until the case is resolved, a judge will likely require:

1. No criminal law violations
2. No refusal of a breath or blood test if you are pulled over while the case is still pending
3. (Sometimes) No driving at night time from 11 p.m. to 5 a.m.
4. No consumption of alcohol, marijuana, or non-prescription drugs
5. No driving with a BAC concentration of .08 or higher or a THC concentration of 5.00 or higher
6. An ignition interlock devise
7. Electronic home monitoring and/or a SCRAM alcohol bracelet
8. Bail

What will a judge require when you plead guilty?
Depending on what the judge sentences you to, the judge may require:

1. Alcohol or Chemical Dependency Evaluation
2. Alcohol Information School
3. DUI Victim’s Panel
4. Ignition Interlock Device per the DOL
5. Jail
6. A fine
7. Supervised or active probation where you check in with a probation officer
8. Random UAs
9. Restitution if any damage was done to another vehicle or person
10. Emergency Response Costs
11. Probation and other court costs
12. Community Service Hours
13. License Suspension Per the DOL

If you have been charged with a DUI and concerned about what you’re required to do for the court, consult an attorney right away.

There are multiple types of protection orders: anti-harassment order, domestic violence protection order, and restraining order.

Domestic Violence Protection Order

These are obtained through the civil courts in Superior Court. These orders can be placed on: ex boyfriends, ex girlfriends, ex spouses, current boyfriends or girlfriends, current roommates, ex roommates, parents, etc. To start the process, you will file a petition explaining the details about why you are seeking this order. You can describe past and current incidents. You will then go before the judge to ask for a temporary protection order. If the judge grants your temporary protection order, he or she will set a hearing as early as 2 weeks out so that you can seek a permanent protection order. During this time, you must get the other party served with your petition, temporary protection order, and the next court date. The standard that the judge must follow when deciding whether or not to grant a permanent protection order is whether this person was an intimate partner AND you are in reasonable immediate fear of bodily injury. These permanent protection orders commonly last 1, 2, 5, or 10 years. If a temporary or permanent protection order is granted, that person will be ordered to surrender any weapons that they own.

Anti Harassment Order

These are commonly obtained through district courts. Washington law defines unlawful harassment as “knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, harasses or is detrimental to such person and serves no legitimate or lawful purpose.” This is conduct that causes substantial emotional distress or reasonable fear. The process is very similar to the domestic violence protection order process above.

Restraining Order

These are obtained through the family law courts such as through a divorce (dissolution) case. If you are seeking a divorce, you can include your request for a restraining order in your petition. Once the petition is filed, you can go to court at any point in the divorce process through a process called “ex parte” to request that the court impose a restraining order. Typically, courts will only grant restraining orders through the ex parte process if there is an emergency. You can also have a restraining order as part of the final orders of your divorce. In a restraining order, you can ask the court to order 1) that the other party not be allowed to go to your home, school, work, your children’s school, 2) that the other party not disturb your peace, and 3) that the other party not hurt or threaten you. You can also request that the court order that person to surrender any weapons they have.

Contact us today so we can help file a protection order for you.