Dealing with a Driving Under the Influence (DUI) charge in Washington can be an intimidating experience.
Although stressful and overwhelming at times, navigating the process follows a very rigid series of legal steps.
A competent DUI attorney with current knowledge of the law and the procedures followed by the court system is invaluable for anyone facing DUI charges.
Familiarization with state law and competent legal counsel that can advise you of what to expect during the court process will contribute considerably toward getting you on the right track and achieving the best possible outcome.
The state of Washington uses what is known as an Implied Consent standard.
This standard allows law enforcement to impose field sobriety testing on any driver who exhibits suspicious driving.
The Washington Department of Licensing grants a state driver's license based on the operator's willingness to provide proof of acceptable blood alcohol content (BAC) levels at a traffic stop.
Therefore, if a suspected driver refuses an officer's request to perform a field sobriety test, or the results of their test reveals a BAC of 0.
08 or above, the Department of Licensing will automatically revoke driving privileges.
The burden of proof in all DUI cases lies with the arresting authority and the state of Washington.
Evidence gathered at the time of arrest such as field testing, observations made by the arresting officer and any information or statements made by the defendant, are all collected in an effort to prove the subject's inability to safely, properly or legally control a vehicle.
The legal process begins at arrest and moves through its various stages to acquittal or conviction.
The process actually involves two distinct proceedings.
A civil proceeding is handled through the Department of Licensing and involves the immediate status of driving privileges.
A criminal proceeding advances through the criminal justice system and deals with the DUI case and its eventual conviction or acquittal in the criminal realm.
If no appeal is filed within 20 days of the defendant's arrest, the Department of Licensing revocation will stand.
If an appeal is filed, a hearing will be scheduled to review the facts of the case and determine whether suspension or revocation is justified.
This finding will be made based on prior offenses and the facts of the current case.
In some jurisdictions, notification of this hearing is given at the time of arrest, but not always.
Whether notification is provided or not, it is the responsibility of the defendant to make timely appeals and responses in an attempt to maintain his driving privileges.
Also, it should be noted that even if a defendant is successful in the DOL administrative hearing and retains his driving privileges, they could still be revoked as a result of a negative ruling in the criminal matter.
Because of this, there are actually two different ways a driver can lose their license in Washington if they are charged with DUI.
The criminal case will proceed independent of the DOL civil action.
Depending on the jurisdiction where your DUI arrest took place, you will be notified of your arraignment date by the arresting officer or you will receive notification by mail as soon as formal DUI charges are filed by the prosecutor.
At arraignment, a guilty or not-guilty plea will be entered, conditions of release will be established, and a pre-trial date will be set.
This interim period before pre-trial will be used by both sides to interview witnesses and gather evidence and supporting material pertinent to the case.
It is at this time that your counsel will evaluate the procedure followed at your arrest to ascertain whether or not certain evidence can be invalidated or deemed inadmissible.
Your recollection of the facts of the arrest itself may provide your attorney with additional opportunities for the suppression of evidence that may be harmful to your case.
It is possible for a DUI prosecution to be dropped at any time during the process due to a lack of admissible evidence to support a conviction.
Negotiations between your attorney and the prosecution will begin once both sides have collected all available evidence and assessed all the legal issues that pertain to the case.
The pretrial hearing and any subsequent hearings will precede the trial, if a resolution is not reached beforehand.
It is imperative for a favorable outcome in all subsequent proceedings that a competent and zealous legal defense is presented to successfully navigate the judicial process and secure the most favorable outcome.
The most effective course usually involves the exclusion of damaging evidence by defense counsel due to procedural failures committed by arresting personnel.
An effective, experienced DUI defense attorney will be intimately acquainted with every available defense tactic and avail himself of every opportunity to successfully protect the rights of the client and negotiate the best possible outcome for the client.
If you have been charged with a DUI in Washington, you can learn more by visiting http://www.
vancouverlaw.
net/dui.
html.