DUI Criminal Court Process

Arraignment

A driver’s Arraignment is scheduled either by the police officer (by placing a date and time to appear in court on the Citation) or is scheduled by the court using a Summons that is mailed to a driver. Typically, a driver must be arraigned within 14 days of the filing of their charges (this time shrinks to three days if they are incarcerated following arrest). However, it is important to note that there is a two-year statute of limitations for a prosecutor to file DUI charges after an arrest, and there may be a significant delay in some cases between arrest and actual filing of charges (such as when blood results are pending). For this reason, it is very important for a driver to keep their mailing address up to date with the court and the Washington DOL, because that is where the summons will be mailed. If a driver does not appear for court, a warrant for arrest can be issued.

There are six Clark County District Court judges who rotate through the Arraignment docket on a six-week rotation. The driver is assigned a judge (and often a specific prosecutor) based on the week they are scheduled for court. At Arraignment, the court engages in five activities:

1. Informing the driver of the charge(s).
2. Determining if the driver will be represented by an attorney.
3. Taking an initial plea (typically of “not guilty”).
4. Setting release conditions (which can, in some cases, include the installation of an interlock device, random urine tests, a SCRAM ankle monitor, or a requirement to post bail).
5. Scheduling a return court date (often called a Mandatory Pre-Trial hearing).

Mandatory Pre-Trial (MPT)

All drivers entering a “Not Guilty” plea at Arraignment are scheduled for a Mandatory Pre-Trial. For out of custody drivers, the timeframe for Mandatory Pre-Trial is usually six weeks following arraignment. During this time, our office secures radio communications, dashcam and bodycam videos, police reports, and conducts witness interviews. We will generally meet with the assigned Prosecuting Attorney prior to the Mandatory Pre-Trial to discuss the case, negotiate, and then strategize with our client. The intention at the Mandatory Pre-Trial if we cannot resolve the case is to either:

1. Schedule the case for a “change of plea” date where case resolution can take place (this may involve a client having to complete pre-conditions for reduction in charge or finishing up potential probation conditions).
2. Schedule the case for a Suppression Motion.
3. Schedule the case for Trial or a supplemental “review” date (this is common to facilitate further discovery or additional negotiations on a case).

Suppression Motion

A suppression motion is the request of the defense attorney to exclude evidence that was gathered during the investigation of the driver. In Washington, this is generally governed by Court Rule 3.6 (CrRLJ 3.6). A suppression motion is ruled on by the judge alone. Jurors are not present for suppression motions. Most suppression motions involve the prosecution and the defense submitting written “briefs” (informing the court of the appropriate law to apply) and often supplementing these legal briefs with witness testimony. The result of a suppression motion is the judge determining what evidence will be admissible for a jury to hear if the case proceeds to trial. The outcome of some suppression motions can limit witness testimony or suppress a breath test result, while other suppression rulings prevent the prosecuting attorney from proceeding with the charge altogether (and can sometimes result in a full dismissal of the case). In most cases, the result of a suppression motion is subject to appeal by both the prosecution and the defense. In DUI cases, suppression motions are one of the most valuable tools a defense can use to try to defend a driver’s case because it limits the evidence that a prosecutor can use against them. However, it is important to note that not every case will have the facts required to file one of these motions. These are highly technical arguments, and an experienced attorney will know when (and if) it is appropriate or legally justified to file one of these motions.

Trial

DUI cases in Clark County District Court always take place before a six-person jury. In some cases, a jury can be waived and the trial can proceed in front of the judge instead (known as a “bench trial”). At trial the prosecuting attorney needs to prove the elements of DUI beyond a reasonable doubt:

1. The driver was operating a vehicle.
2. The vehicle operation was in the prosecutor’s jurisdiction.
3. Within two hours of vehicle operation the driver had a breath alcohol or blood result greater than 0.080 for alcohol or a blood result over 5.0 ng/mL of active THC for cannabis.
   Or alternatively,
4. At the time of the driver’s vehicle operation, their ability to drive was appreciably affected by alcohol, cannabis, and/or other drugs. This fourth element is required in cases where there are no blood/breath readings or the person’s results fell under the legal limit.

Each element of the charge needs to be proven beyond a reasonable doubt and all six jurors need to reach a unanimous decision. If a unanimous decision cannot be reached by all six jurors, a mistrial is declared and the case can be re-tried before another jury at a later date. In cases where a person has refused an evidentiary beath test, the prosecutor may also seek to add a “sentencing enhancement” for the refusal. The refusal of the breath test is an additional element that the prosecutor must prove beyond a reasonable doubt if they seek to add this enhancement (which can lead to additional jail time and harsher penalties).

Conclusion

Handling a DUI case in Clark County is usually a process that takes between three to six months from the filing of the charge to case resolution. Unfortunately, this is often not a “do it yourself” type of case, and it is very important to have an attorney on your case who knows what types of issues to look for and how to properly argue them with your specific judge, jury, and prosecutor. For over two decades, our DUI defense team has defended thousands of drivers in Clark County to achieve the best results possible for their case. Call our office today to learn more.