If you have been charged with a DUI, it is helpful to understand the procedure that you will have to subsequently navigate. There are two sides to most DUI cases. The first is the administrative side (your DOL Hearing) and the second is the criminal side. The administrative side is entirely about your privilege to drive. If you are arrested for a DUI your driver’s license may be suspended by the Department of Licensing for 90 days or more (years if you have prior offenses). You only have 20 days to request a hearing to contest this suspension. This costs $375 as of October 1, 2012. During the hearing, an examiner will determine if you were arrested lawfully, if the officer had reasonable grounds to pull you over for investigation of an alcohol or drug influence, and if you were properly informed of your implied consent warnings. The officer will also look at whether or not you agreed to take a breath (or blood) test, if the test results were .08% or above, and if the test was carried out correctly.
If you contest the suspension and keep your driver’s license, you still may have it revoked as a consequence of a DUI conviction. The first court appearance that you will have to go to is the arraignment. This appearance is mandatory and you will either plead guilty or not guilty at this point in the procedure - most often not guilty. Your case will be set for pretrial hearing, where it may be negotiated. If not, your case can be set for motions and trial. Motions can include motions to suppress evidence, motions to dismiss, motions to suppress the breath test, and more. If the officer did not do their job properly, evidence can be thrown out of the case. A DUI trial proceeds like any other trial. The State has the burden of proof, and as such, is required to prove you did something wrong. You, as the defendant, do not have to prove innocence or that a mistake was made. I will always look for arguments to present to a jury, however, in order to convince them that there were problems in your case. Perhaps you were arrested unlawfully or the breath test was not conducted properly.
Prior to going through the DUI procedure, it is important that you contact a DUI attorney. The penalties for such a charge are very severe and can follow you for the rest of your life. The more DUI charges that you incur, the more serious each one will become. It is important to fight this from the beginning to either have the charges dismissed or reduced if possible. The best chance to get this done is to work with a legal professional who is familiar with the procedure.
Understanding the procedure that is followed from the beginning of your DUI case through the end of it is essential to proper representation. This procedure can be both intimidating and frightening if you're not familiar with it. As your attorney team, we can and will guide you through the process starting from your free consultation - continuing through every single court date. We will be there with you every step of the way. Dichter Law Office, PLLC is dedicated to providing every client with exceptional legal assistance for the DUI accusations. We understand how important this case is to you and your future and do not want to see one mistake ruin your chances at living a normal life.
At the Dichter Law Office, PLLC, we are wholeheartedly dedicated to helping people in Lynnwood and the surrounding area who face drunk driving allegations. This level of dedication is difficult to find in many law firms. We truly care about our clients and are available 24 hours a day, 7 days a week. If you are unable to reach the firm immediately, we are prepared to return your call in the same day. In addition to the quality of legal service that the firm offers, Our attorneys have received extensive training in DUI defense. Founding Attorney Dichter has completed Advanced Roadside Impaired Driving Enforcement (ARIDE) education and received the same DUI training given to police officers. He trained in marijuana DUIs and always strives to stay up to date with current DUI defense developments and technology. This level of commitment and training allows our firm to provide each of our clients with the top-notch DUI defense that they need and deserve.