Facing a DUI? Get Answers to These Frequently Asked Questions

Getting pulled over and arrested for a DUI can be an upsetting and unsettling experience. Many people who are arrested for DUI have no criminal record and no experience navigating the criminal justice system. Fortunately, our expert attorneys at Verity Criminal Defense are here to guide you throughout the process. Below, you’ll find answers to some of the most frequently asked questions we hear from our clients.

I was pulled over and arrested for DUI. What next?

If you have been pulled over and arrested for DUI, the first thing you should do is send in the Department of Licensing (DOL) hearing request form. You must request a hearing from the DOL within 7 days of your arrest, or your driver’s license will very likely be automatically suspended.  By sending in the hearing request form (along with the required fee), you put the administrative suspension of your driver’s license on pause and have a chance to fight it.

I was pulled over and arrested for DUI, but don’t have a court date and they let me go. Am I off the hook?

Getting arrested for DUI triggers the start of two separate processes: an administrative action by the DOL to suspend your license, and a potential criminal charge in court.  These processes are sperate and distinct. The DOL almost always immediately moves forward with an administrative effort to suspend your license.

It is not uncommon, however, for there to be a significant delay between a person’s arrest for DUI and a criminal charge being filed. Sometimes it takes months. It is unlikely that the prosecutor will decide to just let a DUI arrest slide without pursuing a criminal case.  The statute of limitations for DUIs (and other gross misdemeanors) is two years.  That means the prosecutor has two years to file a criminal charge in court.

Do I need a lawyer to help me with a DUI?

The answer to this question is an unequivocal “yes.” You need a lawyer to help you with a DUI, or any serious criminal charge.  You are facing potential jail time and harsh licensing consequences.  The system is procedurally complicated, and there may be potential avenues of defense available to you that an untrained eye wouldn’t readily spot. Trying to navigate the system without the help of experienced legal counsel would place you at a distinct disadvantage.

I have been charged with DUI. Will I have to go to jail?

If you have been charged with DUI, you are facing potential jail time. DUI is a gross misdemeanor, so the maximum sentence is 364 days in jail. Hardly anyone gets close to the maximum, unless they have a lot of prior arrests for DUI. However, there are also mandatory minimum penalties for a DUI conviction.  The mandatory minimum jail time depends on how many prior DUI convictions you have in the past 7 years, and what your alcohol level was (or whether you refused the breath test). The Washington State Courts put out a handy cheat-sheet that helps illustrate what the minimum penalties are. It’s called the DUI sentencing grid and can be found here.

How do I get my DUI case “thrown out”?

A common way for lawyers to try to get a case dismissed is by bringing a suppression motion, arguing that law enforcement did something illegal or improper during the course of the investigation. For instance, if your lawyer can convince a judge that you were illegally pulled over, the judge would order all of the evidence collected as a result of that illegal traffic stop to be suppressed. When the evidence is suppressed, it cannot be used at trial. Given most of the evidence in a DUI case (including, importantly, your identity, the officer’s observations of your person, and the breath or blood test results) is collected after traffic stop, this usually means that the government cannot proceed with the case and it would be dismissed.

How do I “beat” my DUI (at trial)?

In a DUI case, the government basically has to prove two things: 1) that you were driving, and 2) that you were drunk. There are two different ways that they can try to prove that you were drunk: either by proving that you were over the legal limit (which is .08), or by proving that you were “appreciably affected by intoxicants.”

Usually, there’s not much of an argument over whether or not you were driving.  If you were pulled over by a state trooper, there’s likely video of you driving and then getting out of your vehicle at the officer’s command. If there’s no video, usually the trooper’s testimony that you were driving will be enough for the jury.

That means that the argument is usually over whether or not you were drunk. If the government is trying to prove that you were over the legal limit, a breath or blood test result claiming that you were is compelling evidence. If they’re trying to prove that you were “affected by” alcohol, the officer will testify about signs of intoxication.

Fortunately, there are ways to undermine the government’s case in both of these instances.  If the government is relying on a breath test, we can work with an expert witness that can testify that the breath test machine is unreliable and may yield inaccurate results. If the government is trying to prove an “affected by” case, we can pick apart the government’s evidence (or lack thereof) to argue that they really haven’t proven that you were drunk at all.

What’s a good deal in a DUI case?

Most criminal cases (and civil cases too) settle before motions and trial.  A settlement in the criminal context is referred to as a “plea bargain” deal. The reason it’s called a plea bargain is because you are bargaining over what you are going to plead guilty to, and under what terms. When you plead guilty, you give up your right to fight the case by arguing that the police did something illegal or that the government can’t prove its case. The only reason to plead guilty would be if you are worried that something worse will happen if you try to fight the case.

Many times, a plea bargain deal makes sense because a lawyer is able to negotiate a reduction to a lesser charge that doesn’t carry mandatory jail or as harsh of licensing consequences, such as Reckless or Negligent Driving. If you are looking at a tough-to-beat DUI, and the government offers you a significant reduction in charges, it might make sense for you to consider this option.

Don’t face your DUI charge alone - contact Verity Criminal Defense today.

Our experienced attorneys are here to help. Our team at Verity Criminal Defense will provide the guidance and counsel you need to get through this difficult experience. Contact us 24/7 to speak with an attorney and get a free review of your case.