Denver, Colorado The opinions expressed in this manuscript are solely the opinions of the author and do not represent the opinions or thoughts of the publisher. The author has represented and warranted full ownership and/or legal right to publish all the materials in this book. The Washington State DUI Pocket Handbook All Rights Reserved. Copyright © 2012 David N. Jolly v2.0 This book may not be reproduced, transmitted, or stored in whole or in part by any means, including graphic, electronic, or mechanical without the express written consent of the publisher except in the case of brief quotations embodied in critical articles and reviews. Outskirts Press, Inc. http://www.outskirtspress.com ISBN: 978-1-4327-8445-4 Outskirts Press and the “OP” logo are trademarks belonging to Outskirts Press, Inc. PRINTED IN THE UNITED STATES OF AMERICA For my wife and son Table of Contents Preface ...........................................................................1 1 DUI Court Procedures ....................................................5 2 DUI Penalties & Conditions .........................................17 3 Washington State Law and Statutes ..............................27 4 The DUI Stop and Contact ...........................................39 5 Field Sobriety Tests .......................................................43 6 Breath/Blood Testing ....................................................49 7 Alcohol/Drug Evaluations, Classes And Treatment ........55 8 Deferred Prosecution ...................................................61 9 Department of Licensing ..............................................69 10 Miscellaneous DUI Issues ............................................79 Appendix .....................................................................85 Preface Being arrested for DUI in Washington State is an intro- duction to a world of complex law, demanding Judges, fickle prosecuting attorneys, biased Department of Licensing hear- ing officers, exaggerating police officers, and a multitude of conditions and expenses that seem to never end. Such punish- ment and conditions may include jail, probation, fines, court dates, a department of licensing hearing, license suspension, ignition interlock device, SR 22 insurance, alcohol evalua- tion, alcohol awareness class or treatment, and a DUI victim’s panel, among many possible requirements. This is why most people feel overwhelmed after they face the sobering fact that they are in for a long and difficult journey. It is therefore important that a person who has been arrest- ed for DUI immediately educate themselves about the many requirements demanded of them. The first thing you should do is confirm whether you have been provided a court date. Not every jurisdiction provides an immediate court date but | 1 2 | many do, and in these jurisdictions you will need to appear within a few days of your arrest. As such you must prepare to appear in court so that you do not risk a bench warrant for your arrest. Washington Courts that typically demand you ap- pear in court for an arraignment immediately following your DUI arrest include Seattle, Everett, Lynnwood, Edmonds, Mukilteo, Skagit County and Island County, just to name a few. The next thing you must do following a DUI arrest is to contact a qualified DUI attorney. Such an attorney should be a good sounding board and will be able to advise you about the immediate concerns. This is particularly true if you must immediately appear in Court as there may be a risk of harsh conditions imposed by the Judge. If you have been arrested you must immediately be aware of the following: If there a court date you must immediately make plans to appear in court; If you have a prior DUI arrest or the facts of your case are severe you must prepare to bail yourself out from custody at your first court appearance (read the sec- tion on bail in the upcoming chapter); You must complete and mail (or apply online) the Department of Licensing (DOL) Driver’s Hearing Request Form (within 20 days of your arrest) if your BAC was over 0.08 or if you refused the breath or blood test; Your DOL Hearing will be set within 60 days of your arrest; If your license is suspended you may be eligible for a restrictive license; | 3 You will be required to undertake an alcohol evaluation; You must contact an experienced DUI attorney to dis- cuss your options. If you have been arrested for DUI in Washington State or know someone who has, it is imperative to become educated about the DUI process quickly. The Washington State DUI Pocket Handbook provides the reader all the information on the Washington DUI process in an easy to read, concise yet thorough format. This book “trims the fat” that exists in oth- er DUI guidebooks and gives the reader all of the necessary information immediately. The Washington State DUI Pocket Handbook clarifies a difficult legal environment and gives the reader all the information they will need to completely pre- pare for their legal battle. 1 DUI Court Procedures The most intimidating consequence of being arrested for DUI in Washington State is the court process. Following your arrest you are now a defendant and as such you will be paraded into court before a Judge who will advise you of the consequences of your actions, including time in the gray bar hotel. Standing close by will be the prosecuting attorney who will look at you with distain hoping to eventually hear the words, “guilty,” flow from your mouth. Intimidating? Yes. However there are steps you must take to reduce the fear and lessen the threat. The first is knowing as much as you can about the court process and the second is having a good at- torney at your side. Bail Bail is a process through which you are permitted to pay money in exchange for your release from police custody, usu- ally after booking or sometimes after the arraignment if the | 5 6 | Judge demands that you are taken into custody. As a condition of release, you must promise to appear in court for all sched- uled court dates - including arraignment, pre-trial hearings, readiness hearings, motions, and the trial itself. If you are not allowed to post bail at the police station immediately after booking, a judge may decide later, at a sep- arate hearing or the arraignment, whether to allow release on bail. The bail amount may be predetermined, through a “bail schedule,” or the judge may set a monetary figure based on: Your DUI record and criminal history; Seriousness of the DUI offense, in terms of injury to others; Your ties to family, community, and employment. If bail is imposed you or your friends and family may “post” the full bail amount as set by the court, or a “bond” may be posted in lieu of the full amount. A bond is a written guarantee that the full bail amount will be paid if you fail to appear as promised. Bonds are usually obtained through a bail bond agency that charges a fee for posting of the bond (usually about 10 percent of the bail amount). Bail bond agen- cies may also demand additional collateral before posting the bond, since the agency will be responsible for paying the full bail amount if the suspect “jumps bail” and fails to appear as promised. If you are arrested, booked, and granted release on your own “personal recognizance,” no bail money needs to be paid to the court, and no bond is posted. You are then released after promising, in writing, to appear in court for all upcom- ing proceedings. Most state criminal courts impose certain | 7 conditions on personal recognizance release, which include not driving unless you are properly licensed and insured, not consuming alcohol or illegal drugs, and not refusing a breath test if lawfully requested. If you are released on your own “personal recognizance” and subsequently fail to appear in criminal court as sched- uled, you will be subject to immediate arrest. The Arraignment The arraignment is your first appearance in court and may occur as soon as the next available court date after your arrest, or in some instances you will be notified by mail (summons) with the arraignment date. In situations when you are notified by mail the date might be within a couple of weeks of your arrest or several months later, depending on the jurisdiction of your DUI. The arraignment is mandatory, hence you must appear. The first appearance is primarily for the advisement of rights and your opportunity to declare “not guilty.” If you have an attorney, he will advise you of the proper procedures. You should always request a jury trial (you can change your mind later, if you so wish) and naturally, always plead not guilty. At the conclusion of the arraignment, the Judge will de- cide whether any conditions should be imposed on you. For first time offenders with relatively low breath or blood test results, the typical conditions include no driving unless you are licensed and insured, no driving after drinking, or no con- sumption of alcohol or non-prescribed drugs pending trial. For those with prior offenses, or relatively high breath test re- sults, the conditions can include additional penalties such as the installation of an ignition interlock device, installation of a SCRAM bracelet, the requirement of probation monitoring, 8 | or the burden of significant bail. It is important to note that there is a risk that you will be taken into custody during your arraignment, particularly if you are a repeat offender. Hence, having a lawyer present will help your cause tremendously. After the arraignment you will be given notice to appear for a pre-trial hearing. The Pre-trial Hearing The pre-trial hearing (sometimes referred to as the “readi- ness hearing”) is typically the second scheduled court date, is scheduled at your arraignment and is usually several weeks after your arraignment, depending on the court. The pre-trial is intended to provide an opportunity for your lawyer and the prosecutor to discuss the case (pros and cons), explore plea bargaining options, and to determine whether the parties have exchanged all information required by court rules.