What to Expect – Spokane DUI Court Process
You received a Spokane DUI, now what? Being charged with a DUI is stressful enough by itself. Add to it the unfamiliar lingo and a foreign court process, and it’s easy to become overwhelmed!
This article discusses the first court appearance for your Spokane DUI criminal charge. This is called an Arraignment. Even before this is discussed, you need to know that there is an additional administrative action that is triggered by your arrest or citation for a Spokane DUI and it is time sensitive. See Avoiding a License Suspension – the Mystery Behind the Department of Licensing.
Your First DUI Court Hearing in Spokane
Whether you were booked into jail or cited and released you will have to appear before the court usually within 48 hours. This first court appearance is called an Arraignment. At an arraignment, you are formally advised of the charge against you. There will be a determination of probable cause, a plea will be taken (tip: generally you should say “not guilty”), and release conditions will be set. Okay, but what does that all mean?
When you show up, (make sure you show up, a warrant for your arrest will most likely be issued if you do not appear) you will be with other Spokane people who have been charged with a similar crime.
When the judge comes out…
A judge will come out on the bench and advise every one of their rights. These include the right to an attorney. If you have not already spoken to one, I advise you to call one who is experienced in Spokane DUIs now. If you are not able to afford an attorney or have not had the opportunity to retain private counsel, there will usually be a public defender present to assist you with that hearing only.
The judge will call each person’s case individually. You will stand before the judge, usually be asked to identify yourself by name and date of birth, and then the charge will be announced. A prosecutor will read portions of the police report so that the judge can determine if there is “probable cause”. This generally means, is there a legal basis for you to be there?
Do not worry. A finding of probable cause does NOT mean you are being found guilty. Probable cause is a very low burden and even if probable cause is found for that hearing, it can always be argued again later. At arraignment is not the time to discuss or challenge the facts of the case. Time for this will come later.
After
Don’t worry – everybody expects you to please Not Guilty – to give yourself time to talk to a DUI Lawyer…
Saying “not guilty” at your arraignment is expected. More often than not, if a person wants to plead guilty at Arraignment for a DUI charge, the judge will continue the matter and not accept the plea until you speak with an attorney who will tell you to say “not guilty”.
The last two things that happen at arraignment are setting of release conditions and your next court date.
Release conditions are case specific. They can be basic to extreme conditions depending on the Court’s concerns for the community’s safety and the likelihood of you showing up for future court dates.
Basic conditions include “follow the law”. Do not drive unless licensed and insured. Do not have any new criminal law violations.
Because there is alcohol or drugs involved, the court may limit your possession and/or consumption of alcohol and non-prescribed drugs, including marijuana. (If you’re concerned about release conditions it’s a good idea to have a
Important! If you have a job that serves alcohol, medications, or marijuana…
Important- If you work in a field that requires you to handle alcohol or drugs (i.e. a restaurant, pharmacist, marijuana shop) you want to make sure you let the judge know this so an exception can be made.
Wrecks, High BAC Blows, or Prior DUI History…
Now, if there are certain circumstances, such as a collision, a high breath sample, or if this is not your first DUI, then there will be additional conditions on your release. On the extreme end, the court could impose a bond- meaning the will hold you in custody until you post a cash bond or work through a bonding company.
Other restrictive conditions could include random testing of your urine or breath. They could include a requirement for an interlock device. If your DUI involve one of these specific circumstances (collision, high breath sample, it is not your first DUI), it is advisable to discuss your case with an experienced DUI attorney before court. They can better prepare you for what to expect.
I had a blood draw not a breath test…
If you had your blood drawn, the prosecutor’s office may temporarily dismiss your case pending those results. Each office is different. If your Spokane DUI case is temporarily dismissed, YOU STILL HAVE AN ADMINISTRATIVE ACTION. See Avoiding a License Suspension – the Mystery Behind the Department of Licensing.
Finally, before you leave, your case will be assigned to a judge and a Pre-Trial will be set. See “Future DUI Court Dates https://actionlegalgroupwa.com/spokane-dui-understanding-your-future-court-dates/urt Dates” for a continuing discussion of required court hearings after your arraignment.