There are a number of time sensitive matters that must be addressed soon after you are arrested for DUI or Physical Control in order to preseve your rights: 

Department of Licensing (DOL)

When you are arrested for DUI, there are two paths that begin: one through the court system and one through the Department of Licensing. The DOL action is considered an “administrative action” and is separate from any action the criminal justice system might take in response to your arrest. The Department of Licensing is directed by the Legislature to make a determination on whether your license should be suspended or revoked as a result of having a BAC of .08 or higher.  If your BAC was below .08, DOL will not suspend or revoke your license (you still will have to deal with the criminal charge). The length of time you lose your license depends on several factors, including the number of prior offenses, your BAC, or whether you refused to take the breath or blood test. It is best to consult with an attorney to ensure you understand all possible ramifications with DOL. 

• In order to contest a suspension or revocation, a hearing must be requested from the DOL within 20 days of the date of your arrest. The DOL hearing costs $200. The arresting officer should have given you the paperwork with which to request your hearing. You do not have to request a hearing if you do not want to challenge your license suspension or revocation. The suspension/revocation will take effect 60 days after your arrest. You have a right to have an experienced attorney represent you at the DOL hearing. An experienced attorney can help overturn the license suspension or revocation and preserve the record for an appeal (if needed) as well as advise you on other options which can keep you driving during your license suspension or revocation period. 
  
  IMPORTANT: Be careful. The twenty day (20) notice requirement used to be thirty (30) days until it was changed by the Washington Legislature as on January 1, 2009.  Some of the old forms are still in existence. 

• The arresting officer will also “punch” your driver’s license, which serves as notice to other law enforcement officers who you may come in contact with that you have a pending action against your license. The arresting officer should also have given you a strip of paper which is your “temporary license.” This license is valid for 60 days from the date of arrest or until the DOL reaches a decision (if you have requested a hearing), whichever is later. You must keep this strip of paper with you when you are driving. Failure to have the piece of paper if stopped by a law enforcement officer could be a violation of the “release conditions” from your criminal charge and/or result in a civil infraction.

If you miss your 20 day DOL deadline or challenge the suspension/revocation and lose, you still have four options:

• Appeal the DOL findings. You have 30 days to file an appeal to the Superior Court of the county where the incident occurred. The suspension or revocation typically remains in effect while the appeal is pending. It is important that your attorney make a complete record at the DOL hearing in order to “preserve” any potential issues on the appeal. 

• Obtain an Ignition Interlock License ("ILL"). Due to Legislative changes, there is now a good chance you qualify for an ILL.  First you need to have your vehicle equipped with an ignition interlock device (“IID”) and obtain SR-22 insurance. You then need to apply for an ILL with DOL. Once the license is approved, you can drive during the period of suspension/revocation. An experienced attorney can help you apply for the ILL and obtain the required SR-22 insurance.

• Consider a Deferred Prosecution. Deferred Prosecution involves entering into an agreement with the court; successful completion of a court-prescribed treatment program may result in your DUI charge being dismissed. If you are planning on entering into a Deferred Prosecution to resolve your criminal charge, you can have the suspension/revocation stayed during that period of deferment and even up until the time the court officially enters the deferred prosecution. It is very important that you understand the ramifications of entering into a Deferred Prosecution agreement. An experienced attorney can explain this process and help determine if Deferred Prosecution is a viable option for you.

• Serve out the suspension/revocation. This option is not particularly appealing but some people choose this option.  You just cannot drive a motorized vehicle for the duration of your suspension/revocation.

Initial Appearance

At your initial appearance (in Spokane County, this is typically the day after your arrest at 3pm) you will go before a judge. The judge will read you your rights and explain what you can expect next. The court will then address your “release conditions” which means the court will determine if you should be "booked" in jail (if you were not booked by the officer upon arrest). The court will also decide if you will be required to post a bond (aka bail) to be released or if you should be allowed to remain out of jail on your “own recognizance” with certain conditions you must comply with. If this is your first DUI, you will typically not be booked at your initial appearance; the judge will impose “standard release conditions” which are typically not to commit any new criminal law violations; not to drive without a valid license and insurance (caution: see DOL); and sometimes not use, possess, or consume alcohol. If this is not your first DUI, the prosecutor will likely ask the judge to order weekly testing to ensure you are in compliance with any prohibition of alcohol ordered or request more stringent monitoring, such as SCRAM. A violation of your release conditions or testing can seriously jeopardize a good resolution to your case and/or send you to jail. An experienced attorney can represent you at your initial appearance and will argue on your behalf to ensure that you get the most favorable release conditions.

What’s Next

There are several ways to resolve your case. The best option for you will depend upon the facts of your case as well as your criminal history, or lack thereof. If there is a legal issue in your case, the prosecutor could agree to dismiss the charge. The charge could also be plea bargained down to a lesser charge, commonly Negligent Driving – 1st Degree, Reckless Driving, or Reckless Endangerment. All potential resolution options depend on your criminal history. There is also the option of a Deferred Prosecution, which is a specialized resolution involving a determination of alcohol dependency and the willingness to undergo intensive alcohol treatment. You should consult with an attorney to go over the facts of your case and discuss the best options for you.

Call (888) 537-5778 or click here to schedule a free consultation with Caitlin Baunsgard. Caitlin is an experienced criminal attorney who can help to get you the best possible resolution to your DUI / Physical Control charge. Caitlin’s prior experience with the Washington State Patrol and as a Special Deputy Prosecutor gives her unique insight from both sides of the law.