What is a DUI arraignment? Do I have to go to court for DUI?
Must Appear in Person at a DUI Arraignment in Washington
At the arraignment hearing, the presiding judge will make a determination about probable cause and the judge will make a decision regarding a person’s release (see RCW 46.61.50571 for a specific discussion of mandatory first appearance for DUI, Minor DUI, and Physical Control). The judge must find probable cause in order to impose conditions of release. An attorney can still argue that the police did not have probable cause to arrest someone at a later time.
Conditions of Release
At the arraignment hearing, the judge may release the individual without requiring a bail or bond amount – but the judge will impose conditions of release. If a person violates those conditions, a warrant may be issued for their arrest – they could be taken to jail. Among other requirements, most people who are charged with DUI are required to abstain from drugs and alcohol, don’t commit any crimes, show up for future court dates, and keep their address updated. The law requires judges to impose some conditions of release in certain situations. Talk to your attorney about your situation.
Information About the Alleged Crime and Possible Sentence
At a minimum, the judge needs to inform the defendant of the nature of the charges against them, the right to counsel, and the right to remain silent.
Enter "Not Guilty" Plea
It is unusual for anyone to plea to a charge at arraignment, especially for a gross misdemeanor. It is also unusual to ask the matter to be set immediately for trial. Your attorney should enter a “not guilty” plea on your behalf. The judge will set another court date. This will allow the attorneys to review the case, engage in negotiation, and do any further investigation necessary.
If you have been arrested for DUI, you should talk to an attorney as soon as possible. A good attorney, through careful examination, may be able to identify issues in the government’s case that can lead to a reduction of charges or a dismissal of your case.
What is a DUI Arraignment?
In Washington, a person charged with DUI is required to appear, in person, in front of the judge. A person cannot have their attorney appear for them. DUI arraignment cannot be waived and must be done in person. At this hearing, a person will be advised of the charges against them, bail/bond and other conditions of release will be set.
In Washington, a person charged with DUI is required to appear, in person, in front of the judge. A person cannot have their attorney appear for them. DUI arraignment cannot be waived and must be done in person. At this hearing, a person will be advised of the charges against them, bail/bond and other conditions of release will be set.
This article aims to answer many of the important questions people have about DUI in Seattle. What you need to know about DUI in Seattle:
What is a DUI arraignment? A DUI arraignment is a hearing where a judge will set conditions of release and make sure the defendant understand their rights and the charges against them.
Will I go to jail if I get a DUI? It is possible that a defendant will go to jail for a DUI. In WA, a plea to DUI requires mandatory jail. However, in some cases, the jail confinement can be substituted for another type of confinement, such as home confinement. An amendment to a lesser charge may avoid the jail requirement.
Can I get a DUI under 0.08 BAC? Yes, it is possible to be charged with DUI in WA at less than 0.08 blood alcohol content. This usually occurs where a controlled substance or prescription drug is involved. It may also occur where someone is alleged to be “appreciably affected” by alcohol.
If you have been charged with a DUI in King, Pierce, or Snohomish County or surrounding areas, you should contact a Washington DUI Lawyer.