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Monday, December 7, 2009

Why you MUST have an attorney at a DUI arraignment - for Snohomish, Skagit, Island and King Counties

Every criminal proceeding commences with an arraignment. An arraignment is the State/City’s chance to formally charge you with the accused crime. It is typically a routine appearance where the judge informs the accused of the maximum and minimum penalty for the charge. The court will ask for your plea, which should always be “Not Guilty” at the arraignment and will assign you a subsequent court date. In addition the judge will often impose conditions of release. Conditions of release are the court ordered restrictions you must abide by in order to stay out of jail while the case is pending. The standard conditions of release include:

1) Do not commit any further law violations

2) Do not drive without a valid license and insurance

3) Do not refuse a blood/breath test if asked by an officer

*Do not consume or possess alcohol while the case is pending (sometimes imposed)

In some courts, such as the Seattle Municipal Court, the risk of adverse conditions on your release is high. In addition to the above conditions the court routinely requires that those charged with DUI only drive a vehicle equipped with an Ignition Interlock Device while the case is pending. The court can and does require daily BAC screening especially if this is a second offense. BAC screening requires the accused travel to the court daily to provide a breath test, regardless of where you live or whether or not you are employed. If this is a second DUI offense you should be prepared for the court to require you to post bail at a minimum of 5,000 dollars.

An attorney can help safeguard you from the extensive list of conditions imposed by a Seattle Municipal Court judge or any judge who is noted as hard on DUI defendants. At the very least the attorney can prepare you for what will happen and how to minimize those conditions or request alternative less intrusive monitoring conditions, and help you arrange alcohol screening or obtain the Ignition Interlock Device and can even help you arrange to post bail so that even if the judge orders it you won’t actually spend a minute in jail.

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

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