Washington DUI Blog

For someone who lives in another state, a criminal charge of DUI will cost you more than money; it will cost you a significant amount of time. When you are charged with a DUI here in Washington, the court will require that you appear at all court hearings, with only very limited exceptions. So, if you live out-of-state, you will likely have to make many trips to Washington to deal with your case.

State law is quite clear that your appearance is mandatory at your first court appearance (arraignment) if you are charged with DUI. In some jurisdictions, the arraignment is within a few days of the original stop, but in many cities and counties, the arraignment doesn’t take place until much later, perhaps weeks or months. Regardless of when it is scheduled, you will have to travel to Washington and appear at your arraignment.

Generally, you must appear at all pre-trial hearings as well. However, in some courts, your presence can be waived at these hearings by getting pre-approval  from the judge and showing that the travel would cause a hardship on your life. Some judges and courts are more accommodating to this request than others.  This is where an attorney can be very useful in saving you, as an out-of-state defendant, time and money -by getting your presence waived at pretrial hearings and appearing on your behalf.

As for the resolution of your case, if you decide to plead guilty (often to an amended charge), you will be required to attend the disposition hearing.  The court mandates that you, in person, review and sign the plea agreement, go over the agreement with the judge, and receive the imposition of the sentence. If your case cannot be resolved through a plea bargain, you will have to return to Washington for your trial (and any pretrial evidentiary hearings). DUI trials sometimes take only one day, but can often span several days, making the time spent away from work and family that much longer.

You may have to return to take care of other court-related requirements as well. You will likely be required to have an alcohol assessment here in the state of Washington and at a minimum, complete an 8-hour alcohol/drug information school and victim’s impact panel. After the conclusion of the case, you may also have to return to serve time in custody or on community work crew.

The bottom line is that, as an out-of-state defendant, you should be prepared to make several trips back to Washington State to deal with your DUI charge. No attorney will be able get your presence waived for every hearing, but a knowledgeable attorney can help you navigate these sometimes difficult waters by minimizing the number of trips you will have to make and point you to resources that may be able to lessen the intrusion into your work and family life.