Mercer Island DUI Attorney
Being arrested for a DUI can be one of the most stressful and embarrassing situations one can ever experience. These issues do not stop when the driver has been handcuffed. There are two separate legal actions that you will need to fight in the State of Washington if you have been arrested for DUI in Mercer Island.
Mercer Island DUI
You will first deal with the Washington Department of Licensing as your first legal action related to your DUI. After a DUI arrest in Washington State, where a driver was over the legal limit following a breath test or refused a breath test, the DOL will seek to suspend your driver’s license.
The next legal action related to your DUI will be to deal with the justice system. Following an arrest, you will be called to appear in court where you will face charges related to DUI or DUI-related criminal offenses. An experienced DUI attorney in or near Mercer Island should be retained for this process and the separate DOL actions described above.
Legal Services Offered
- Negligent Driving 1st Degree
- Criminal Defense
- Reckless Driving
- BUI Arrests
- DUI Deferred Prosecution
- Marijuana Related DUI Arrest
- Physical Control Arrests
Following a DUI Arrest What Happens to Your Driver’s License?
Administratively, there are several concerns that you should be immediately aware of when it comes to potential license suspension. If a hole was punched in your license when it was taken, this indicates that the Department of Licensing intends to revoke or suspend your license 60 days from the DUI arrest. You may contest your suspension by requesting a hearing that is postmarked in the first 20 days from your DUI arrest.
If I Contest my Suspension, What Happens?
Within 60 days of your DUI arrest, a hearing will be held that you can attend by phone or in person. A hearing officer will be assigned to you and will determine one of the following:
- Did the officer have reasonable cause to stop you
- Were you read your rights
- Whether your alcohol level was above the legal limit
- Whether you were under lawful arrest
- Whether you refused a breath test
This hearing will generally take place approximately 60 days after your arrest date. The DOL hearing examiner will either dismiss or grant license suspension by written ruling after the hearing. This can typically take between 2-4 weeks depending on the ruling and who was the hearing examiner.
If the Department of Licensing does suspend your license you may be eligible to apply for an occupational license or an ignition interlock license allowing you to continue to drive to work.
What Happens If You Get Charged with A DUI in Court?
If you’ve been formally charged, you will receive a summons through the mail or on the ticket you were issued at the time of your arrest with a court date to appear. Find your next court date & court location. If you get arrested for DUI in Mercer Island the arresting officer will give you notice at the time of the arrest and arrangements will be made within a few days time.
What Will Happen at Your DUI Arraignment?
Your arraignment is your first court appearance. At your arraignment, the prosecutor will read the charges against you, and you will enter your plea formally. The judge may impose conditions, or set bail for your release. The conditions of your release may include the following:
- ignition interlock devices
- SCRAM bracelets
- No driving without valid insurance or license
- Abstinence from alcohol
- No refusal of blood or breath tests if you’re pulled over for DUI again
What Will Occur at Your Next DUI Hearing ?
If you have not contacted an attorney before your arraignment, you need to speak to one near Mercer Island immediately. After your arraignment hearing the next trial is your pre-trial hearing. At this hearing one of three things will likely happen:
- You can maintain that you are not guilty and set your case to trial
- You can plead guilty as charged and take any offered plea deals
- For a variety of reasons, you can continue your case to another pre-trial hearing
What to Expect if You set Your Case Before a DUI Trial?
You may request either a jury trial to be heard by a group of your peers, or a bench trial to be heard by a judge. Typically you will have several court dates between pre-trial and jury trial that you likely will not be required to attend. Jury trials for DUI cases typically last between 1 day or 1 week depending on the number of witnesses called, and the evidence presented. It is required that you are in attendance for every day of your trial. If you are judged not guilty than you case will be dismissed. If you are found guilty then RCW 46.61.5055 will set determine the sentence minimum.
The Right Attorney For You
A DUI in Mercer Island is a serious matter. Contact Leyba Defense today to speak with an experienced DUI attorney for a free 60-minute consultation. It is of vital importance to speak with an experienced DUI attorney near Mercer Island immediately, who will not only answer any questions you may have but can also start building a defense to beat the DUI charge again you.