You just finished your arraignment, now what? Well, if you have not already spoken to and retained an attorney, you should now! That way, they can help guide you through the rest of your case. Don’t forget, in addition to the criminal process you have an administrative one happening at the same time. (See “Avoiding a License Suspension – the Mystery Behind the Department of Licensing”.)
What is a DUI pre-trial?
During your arraignment, a pre-trial date will have been set. A pre-trial can be considered a scheduling conference. It is a time for the judge to ask the parties about the status of the case. Is the case ready to resolve? Do the parties need more time and therefore a continuance of the pre-trial? Is the case being set for trial or a motion? More often than not, the parties will still be working to resolve the case and a continuance will be entered and another pre-trial will be set.
How long does a case take to resolve a Spokane DUI?
Pre-trials are generally scheduled out every 30 days or more depending on the judge’s availability. It is normal for a to have multiple pre-trial hearings. It takes time for an attorney to receive all the discovery (police reports, photos, videos, etc.). If there was a blood draw, it can take at least 8 months before results will be back. In Washington State, there is only one location that does all the testing of blood in DUI cases.
Is there anything that I should be doing while the case is going on?
During this time, you may be asked to get an alcohol assessment or other type of evaluation. In almost all cases you are going to have to have this done regardless of how your case resolves (DUI or non-DUI). Having this done can help your attorney negotiate with the prosecutor. It is also a good idea to know what will be expected of you before your case resolves. Finally, having an assessment completed prior to resolving your DUI case may reduce the amount of probation you end up being placed on at the conclusion of your case.
What does “resolving” my case look like?
There are only a few ways a SpokaneDUI case will resolve.
- With a negotiated plea. This is the majority of Spokane DUIs. Your defense attorney will have conversations with the prosecuting attorney about your specific case. The attorneys may then come to an agreed resolution which is presented to the judge. Understand, even though there is an agreed resolution, the judge does not have to follow it. Speak with your attorney about the chances of the judge accepting your plea as presented. You do not want any “surprises”.
- By trial. Very few DUI cases proceed to trial. Make sure you have been fully advised of what is at stake before making this choice. You should never feel pressured to go to trial. If your case is going to trial, you may either select a bench trial (decided by the judge) or a jury trial (decided by your peers). Make sure you have discussed the cost for trial with your attorney. It may not be included in the original retainer.
- By motions of the parties or actions of the judge. This circumstance is even more rare than going to trial. If there is a legal issue, your attorney may file a motion. Based on how the judge rules on that motion, your case may be dismissed.
What can I expect my consequences and punishment to be?
DUI laws change constantly. That is why you want to make sure you have an attorney who knows the current consequences. Are there alternatives for you to jail? Are there therapeutic courts you may qualify for? These are questions you want to make sure you explore with your attorney. In addition to standard jail and fines and fees, there are educational requirements, possible license suspensions and requirements for an interlock device. Make sure all of these are discussed with your attorney before resolving your case.
Finally, DUIs today are much different than just a few years ago.
How your friend may have resolved their Spokane DUI 5 years ago can be a lot different than what your options are today. The laws in Washington are always changing and have become harsher.
Where you are being prosecuted also has a lot to do with your resolution. Some prosecutor’s offices have “policies” on what Spokane DUIs they will reduce.
Even judges have their own guidelines. Some jurisdictions will impose the maximum amount of probation allowed under the law (60 months); others will give you less than 12 months. Having an attorney experienced in DUIs is important. Having an experienced DUI attorney who practices in the same jurisdiction as your case is even better.