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Constitutional Rights
Your principal constitutional rights as a criminally accused:
(1) You have the right to have your lawyer present with you at all stages of the proceedings;
(2) You have the right to a public trial by an impartial jury in the country where the crime is alleged to have been committed;
(3) You have the right to remain silent before and during trial. You need not testify against yourself;
(4) You have the right at trial to hear and question witnesses who testify against you;
(5) You have the right at trial to have witnesses testify for you;
(6) You have the right to appeal a determination of guilt after a trial;
(7) You are presumed innocent until the charge is proven beyond a reasonable doubt or you enter a plea of guilty;
Burden of Proof
In order to convict you of a first offense DUI, the State must establish beyond a reasonable doubt that on or about the date, place, and time alleged you were EITHER: (a) driving while affected by intoxicating liquor and/or drugs to any appreciable degree, OR (b) having a .08 percent of alcohol in your breath within two hours of driving.
Penalties
If you are convicted or plead guilty, the penalties for DUI can be substantial. Also, there can be additional administrative sanctions with the Department of Licensing.
Speedy Trial
You have a right to be tried not more than 90 days from the first Court appearance (60 days if you are being held in jail). If your case is not finalized within the above time frames, there is a possibility of having the case dismissed.
With the "hard-line" approach being taken by the prosecuting attorney's office regarding plea bargaining on DUI's, the court docket can be quite crowded. The Speedy Trial right is an important one and one that we do not want to waive unless absolutely unavoidable.
Legal Fees:
You have a right to know how much you will be charged, how the fee is computed, and to know how the fees are to be paid.
Deferred Prosecution:
Based upon the belief that a DUI may be the product of alcoholism, drug addiction, or mental health issues, Washington State law empowers the judge to order treatment as part of the sentencing for this crime. Optionally, one may petition the Court for a deferred prosecution, admitting alcoholism, drug addition, or mental health problems and requesting treatment in lieu of prosecution.
The granting of a deferred prosecution is wholly discretionary with the Court. If granted, however, an extensive plan of treatment is ordered in lieu of the punishments previously outlined. The cost of treatment must be borne by you or your medical insurance.
The prosecution would be deferred for a period of five years. One admits driving while intoxicated. After successful completion of the treatment plan and no further convictions, the charge is dismissed. If, however, there is a failure of the program or a new conviction, then a finding of guilty is entered. If you have completed the deferred prosecution and the charge is dismissed but you are convicted of a similar offense within seven years, the completed deferred prosecution will be used as if it is a conviction for mandatory minimum sentencing on the new charge.
A deferred prosecution may only be granted once in your lifetime. The deferred prosecution program may or may not be suitable for your particular situation.
Court Dates/Administrative Hearings/Appointments:
From time to time, you will receive notices of various Court dates and administrative hearings with the Department of Licensing. Your personal appearance for all scheduled court dates and hearings is mandatory. An unexcused failure to appear may result in the waiver of pre-trial motions, the loss of the right to a speedy trial, subject you to an additional citation for that offense, result in forfeiture of bail, the issuance of a bench warrant for your arrest, and/or loss of your privilege to drive.
Court cases are generally set for trial between two and three months after the citation is filed with the Court. A pretrial hearing and motion hearing are held prior to a trial date. The lawyers have some control over this process. Administrative hearings with the Department of Licensing are held within 60 days of your arrest.
Being charged with the offense of DUI is a serious legal matter.
Until your case is finalized in court, you should not discuss your case with anyone other than your lawyer.
If you are contacted by the police or anyone else, you should decline discussing the case without the presence of your lawyer.
You should never attempt to contact witnesses who have been listed to testify against you. This can sometimes be misinterpreted as an effort to intimidate or influence such witnesses' testimony and can have disastrous consequences.
If you believe that witnesses may actually be helpful to your case, make a note of the way in which you think they may help and tell your lawyer about it. This will protect you from any unfair claims with respect to such witnesses
Source: 2006 McNeese & Trotsky PLLC
