When you are arrested for 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 WA State Department of Licensing. The criminal charges will be filed in the jurisdiction where the arrest occurred. The jurisdiction is dependent upon which law enforcement agency initiated and conducted the DUI arrest. For example, if a Sheriff or Trooper in Pierce County arrested you, your case would be in Pierce County District Court. If a Puyallup police officer arrested you, your case would be in Puyallup Municipal Court.

DUI Driver's License Suspension Hearing

After you have been charged civilly with a DUI 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 the mandatory license suspension that occurs with any drunk driving arrest. The arresting police officer should have given you a Hearing Request form. This form must be returned with all required information to the Department of Licensing within 20 days of your alcohol or drug DWI arrest, or there will be an automatic driver's 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 driver's license, or if the suspension should be dismissed. This decision only relates to the issue of the underlying license suspension and does not affect the criminal DUI case. Since this is a civil hearing, your DUI attorney can represent you with or without your presence. The issues addressed at the administrative hearing relate to the admissibility of the breath test or breath test refusal. As an experienced DUI defense lawyer in the Puyallup, Tacoma, Federal Way, and Auburn, WA areas, Cristine Beckwith will do everything in her power to find these defenses and save your drivers license.

DUI Criminal Charges

In the DUI criminal case, you are required to appear at every hearing, or a warrant will be issued for your arrest. The arresting police 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 WA State Department of Licensing since that address is the one used for address checks prior to issuing any warrants for your arrest. If your case is in Puyallup, Tacoma, or another area where Cristine is a DUI attorney, she will check for the future court date.

Arraignment and Pretrial Conference

The first court appearance will be an arraignment, where you will be advised to enter a plea of not guilty. It is important to enter a plea of not guilty at arraignment, since it preserves your rights and gives your DUI defense lawyer time to investigate and negotiate your criminal DUI case. At the arraignment, the court will set conditions of release and set the date for your pretrial conference. This conference is the first hearing where there is an opportunity to negotiate your case.

Resolving your Case

If negotiations result in a favorable offer, you can enter into the disposition at this hearing. If your case does not resolve, then there are often motion hearings, readiness hearings, and a DUI trial is scheduled. If your case goes to trial, Cristine is a well respected trial attorney throughout South King and Pierce County, including Puyallup, Federal Way, Tacoma, Auburn, and Lakewood, WA. Her local experience and dedication to results makes her a valuable asset to her clients.