1. Find an Attorney
Given the complexities of DUI law and the serious consequences of a DUI conviction, you will certainly be looking for an attorney. You will find, as with any service, that there is a tremendous range in the quality and competence of legal service available. Your choices will range from attorneys who have little or no experience in defending DUIs to those who handle DUI cases exclusively.
You should expect to spend between $5,000 and $10,000 in legal fees. The actual fee will vary depending upon the expertise and experience of the attorney that you want to hire and the facts and circumstances of your case.
You will find an endless number of attorneys in the yellow pages and listed on attorney referral web sites but it is difficult to assess an attorney's reputation in the community from those resources. Perhaps the best way to find a competent and experienced attorney is to ask people who are involved in the legal community for a referral. If you have a lawyer that you use for other legal services, or if you have friends or family members that practice law, they will prove to be the best resource for finding a reputable, well-qualified DUI attorney.
Once you find an attorney, you should meet with the person and determine:
- How experienced the person is in handling DUI cases;
- Whether the person handles DUI cases exclusively;
- How knowledgeable the person is about the law and the court system;
- How much DUI trial experience the person has;
- Whether the person is still trying DUI cases or will you be "handed off" to another lawyer if the case goes to trial;
- Whether the person is a leader in the field;
- Whether you communicate well with the person; and
- Whether you trust the person to give your case the attention and effort that it needs, and
- Whether the lawyer's demeanor reduced the stress and anxiety of being arrested.
The first hearing that you will be facing in court is the arraignment. This is the hearing at which the court will enter your plea of "not guilty" and will determine whether or not any conditions of release should be imposed. Conditions of release will be imposed if the judge determines that you are a risk of flight and/or that you pose a risk to the safety of the community. In making this determination, the judge will consider your criminal history, your alleged breath alcohol level and any efforts that you have made to show the court you are not a danger to the community.
Conditions of release may include:
- Bail;
- Restrictions on consumption of alcohol;
- An alcohol evaluation and follow up with the treatment recommendations;
- AA meetings;
- Imposition of an ignition interlock device; and
- Any other conditions the court may deem necessary and appropriate
A pre-trial hearing is a preliminary hearing at which the court will inquire about the status of your case. If you have reached a resolution to your case, you can enter the resolution at this time. More commonly, however, this will be the time that your attorney will file evidentiary motions and set a date for them to be heard.
4. Evidentiary HearingAt the evidentiary hearing, the judge will determine what evidence may or may not be used against you if the case were to proceed to trial. At this hearing, the police officer will testify and your attorney will have an opportunity to cross examine the officer. The court will then hear legal argument about the admissibility of evidence and issue a ruling. Experienced DUI defense attorneys find that the evidentiary hearing is quite useful in preparing the case for trial and in many cases leads to a beneficial settlement of the case short of trial.
5. TrialIf you cannot reach an acceptable resolution in your case, it will proceed to trial. Trial is your lawyer's chance to persuade a judge or a jury that you should not be convicted. A prosecutor will present evidence through witnesses that may include the arresting officer, a Washington State Patrol Breath BAC DataMaster Technician, a representative from the Washington State Toxicologist's Office and any appropriate lay witnesses. It has often been said that DUI trials are as complex as a DNA murder trial, given the scientific nature of the evidence offered by the prosecution. Your lawyer will cross examine these witnesses and call witnesses on your own behalf. Tactical considerations in the presentation of your case will determine what evidence is presented on your behalf and how the prosecution's evidence is to be challenged. Experience is the best teacher in making these decisions. At the conclusion of your trial, a verdict will be reached and a finding of either "guilty" or "not guilty" will be entered.




