DUI Process

If you are stopped for drunk driving, DUI, DWI, or for a minor DUI in the Greater Tacoma area, there are multiple legal processes that occur. When you are stopped for a DUI, there are two separate cases that can be filed against you, an administrative case and a DUI criminal case. The status of your driver's license is addressed in an administrative hearing through the Department of Licensing. The criminal charges will be filed in the jurisdiction where the stop occurred depending on what law enforcement agency initiated and conducted the DUI arrest. For example, if a Pierce County Sheriff or a Trooper in Pierce County arrested you, your case would be in Pierce County District Court. If a Tacoma police officer arrested you, your case would be in Tacoma municipal court.

DUI Administrative Hearings

After you have been charged civilly with a DUI in Tacoma or another municipality in WA, you are entitled to an administrative hearing before the Department of Licensing to dispute any driver's license revocation. This is the only opportunity to dispute mandatory license suspensions that occur with any DUI arrest. The arresting law enforcement officer should have given you a Hearing Request form. That form must be returned with all required information to the Department of Licensing within 20 days of your DUI arrest or there will be an automatic drivers license suspension. If it is not requested within the time frame, your right to an administrative hearing is waived. At the administrative hearing, the Hearing Officer will make a ruling on whether there is sufficient evidence to suspend your drivers license or if the suspension should be dismissed. This decision only relates to the issue of the underlying license suspension and does not effect the criminal DUI case. Because this is a civil hearing, your defense attorney can represent you with or without your presence. However, for your criminal DUI case, you are required to be present at all hearings. The issues addressed at the administrative hearing are issues as to the admissibility of the breath test or refusal. As an experienced DUI defense attorney in the Tacoma area, I will do everything in my power to find these defenses and save your drivers license.

DUI Criminal Case

In the DUI criminal case, it will proceed just as any other criminal case (see criminal process tab). Since it is a criminal case, you are required to appear at every hearing, or a warrant will issue for your arrest. If you are arrested in Tacoma or another municipality in WA, the arresting officer may give you a mandatory court date. However, it is more common that you will be summonsed to appear by the court that has jurisdiction over your case. It is important that your address is current with the Department of Licensing because that address is the one used for address checks prior to issuing any warrants for your arrest. If your case is in Tacoma or another area where I practice DUI law, I will check for the future court date. The first court appearance will be an arraignment, where we will enter a plea of not guilty. It is important to enter a plea of not guilty at arraignment, because it preserves your rights and gives your DUI defense lawyer time to investigate and negotiate your DUI case. At the arraignment, the court will set conditions of release and set the date for your pretrial conference. The pretrial conference is the first hearing where there is an opportunity to negotiate your DUI case. If negotiations result in a favorable offer, you can enter into the disposition at this hearing. If your DUI case does not resolve, then there are often motion hearings, readiness hearings, and a trial is scheduled. If your case goes to trial, my trial experience in the Tacoma area as well as other areas where I practice DUI law will be a valuable asset to your case.