DUI Washington Blog

One of the hard aspects of a DUI attorney’s practice is that it is not uncommon to have to do a sentencing in front of a judge.  While most of our client’s face reduced charges, we do have to face the reality that some people will be convicted of DUI.  When this happens, we make sure it is not without a fight.

DUI Sentencing Follows DUI Conviction

After a conviction of DUI or any other crime there is a sentencing.  This is a vital part of the case, for it is at sentencing that many things can happen – jail can be imposed or suspended, fines can be given, licenses may be suspended, community service can be ordered, probation can be imposed.  One of the things that we do at the Law Offices of Geoffrey Burg, LLC to help our clients is keep informed about the judges around the county and up to date on their practices.

New Judges in Bothell and King County to Issue DUI Sentences

As of January 22, the city of Bothell swore in a new judge, Michelle Gehlsen. On February 22, the Metropolitan King County Council appointed Marcine Anderson as the new judge in the county’s Shoreline District Court and Michael Finkle as the new judge in the Northeast Division of King County District Court. With all these new judges, you may be wondering what impact this will have on DUI sentencing in King and Snohomish counties.

All three of these judges have solid experience. We can expect them to exercise the same judicial discretion that other judges in King and Snohomish counties exercise.

What is judicial discretion and why is it important if I am arrested for DUI?

Judicial discretion is the right of a judge to waive or suspend jail terms and fees during DUI sentencing. A judge may choose to balance public service in lieu of jail time. The judge unfortunately has no control  over the suspension of driving privileges. Even though the law may not mandate an alcohol treatment program, a judge may include an alcohol evaluation and follow-up treatment at sentencing.

When determining a sentence, we have found that most  judges use two variables in determining how to sentence DUI drivers. They look at blood alcohol content at the time of arrest (whether or not it has been suppressed or thrown out) and the prior criminal history, particularly, prior DUI arrests.

How much impact each of these factors plays varies from judge to judge. It will also depend on the particular facts and circumstances of the case.

Other factors judges consider when determining DUI sentences.

Judges also consider other factors when considering what the DUI sentence will be. The two biggest factors are deterring future DUI and protecting society from future DUIs.

What does this mean for a DUI driver in King or Snohomish Counties?

If you are arrested for DUI in King or Snohomish counties, you can expect that the judge may only review your file for a few minutes. Most commonly this is at a sentencing hearing.

Does this seem like a short time? When a judge has been sitting on the bench for several years, they become very efficient at reading court documents. Of course there is the risk that something will be overlooked. That is why hiring an experienced DUI attorney is so important. It doesn’t matter if your DUI charges arise in King County or Snohomish County, good DUI representation is vital for the best outcome. Contact the Law Offices of Geoffrey Burg for the kind of Washington DUI representation you need.

DUI arrests by Seattle police officers are charged by the Seattle City Attorney’s office in Seattle Municipal Court. Like all courts, Seattle Municipal Court has its own quirks, which can be frightening to the inexperienced. Learning something about the procedures you or your loved one might face in Seattle Municipal Court can help you feel more comfortable and prepared to appropriately handle your case.

First Court Appearance: The Intake Hearing

In Seattle Municipal Court, the first appearance is called an intake hearing rather than an arraignment. These hearings are typically scheduled at 9:00 a.m. in courtroom 302 at the Seattle Justice Center. However, occasionally, a case is assigned to a Saturday intake hearing which take place at a courtroom in the King County Jail.

At the intake hearing, you will be asked to enter a plea to the charge. You should plea NOT GUILTY. After accepting your plea, the judge will address what, if any, conditions should be imposed on you while the case is pending.

It is common for Seattle DUI prosecutors to request that anyone accused of a Seattle DUI post bail. If the judge agrees, you could be taken into custody from court until you are able to arrange to have bail posted. It is important to discuss this scenario with an attorney experienced with Seattle DUI cases so that you can be prepared and avoid being booked into jail. We recommend that you come to court prepared to post bail. We can discuss this with you further and help make arrangements with a reputable bail bondsman.

Additionally, Seattle DUI prosecutors regularly ask for other conditions to be imposed on drivers accused of DUI. These conditions can include an order that you not operate any vehicle unless it has an ignition interlock device installed.

Finally, in some cases, Seattle DUI prosecutors have been known to recommend the installation of alcohol detection devices in the home of a driver accused of a Seattle DUI and place the accused under house arrest. And judges in the Seattle Municipal Court are known for imposing these restrictions-even on first offense DUIs.

We recommend that you contact a DUI attorney immediately, so you have representation at this first court appearance. Otherwise, without representation, you are more likely to face one of the harsher release conditions.

Second Court Appearance: DUI Pretrial Hearing(s)

The first pretrial hearing (yes, there can be more than one) is typically scheduled about one month after your intake hearing. During this time, an experienced Seattle DUI attorney will obtain the police reports, witness statements, possible video evidence and start negotiations with the prosecutor. Your DUI attorney will look for problems with the evidence that empowers negotiating for a reduction in the charges or even dismissal. Your DUI attorney may also negotiate a DUI reduction based on equitable reasons such as a clean record or a low breath test.

It is common that your case will not be ready for resolution at the first pre-trial hearing. Your attorney may need additional time to obtain additional evidence and/or negotiate further with the prosecutor. Typically, Seattle DUI cases are continued at the first pre-trial hearing another 30 or so days.

Ready for Trial: Readiness Hearing

If it is not possible to resolve your case at the pre-trial hearing stage, youyou’re your attorney may elect to set the case for a trial. If so, the Seattle Municipal Court judge will schedule a readiness hearings one to two weeks before the scheduled date for your Seattle DUI trial. Seattle Municipal court does not require your presence at this hearing unless you have failed to appear at one of your previous court appointments. This hearing gives both the prosecutor and your defense attorney the opportunity to ask for a continuance if they are not ready to go to trial. It is also not unusual for cases to be continued at readiness due to scheduling issues with witnesses, the court, or the attorneys.

Evidence Suppression & Legal Issues: Motion Hearings

Seattle Municipal Court likes to be efficient. Often, instead of scheduling a separate hearing to hear arguments on pretrial motions, Seattle judges prefer to hear the motions on the day of the trial. They are willing to hold the motions hearing prior to the trial date if the motions might resolve the case and make a trial unnecessary.

A motions hearing in a DUI case gives the DUI Prosecutor and your attorney the opportunity to bring legal motions before the court connected to the case. In the process of defending you, your DUI attorney will move to have evidence suppressed or limited.

Trial: Judge or Jury

A DUI trial in Seattle Municipal Court can be a Judge (or Bench) trial or a Jury trial. A Bench trial is before a judge who will listen to all the evidence and the arguments of the attorneys and make a decision about guilt. A Seattle DUI Jury trial would be heard by six people from the community who will make the final decision about guilt.

A trial for a Seattle Municipal Court DUI may take many days to complete. It is common for the court to schedule several trials for the same day. Plan on waiting hours, and even days before your DUI case is resolved.