A DUI charge in Spokane will likely lead to two separate cases. There will be a criminal case in court and a separate Department of Licensing (DOL) administrative case. The two cases are completely independent. This means you can win one and lose the other so it’s important to keep track of both cases.
The court case usually begins with a First Appearance hearing on the next business day after your arrest. In the court case you’re at risk of various penalties, including:
- jail time,
- house arrest (Electronic Home Monitoring),
- fines and court fees,
- loss of driver’s license and DOL fees,
- higher automobile liability insurance premiums (SR-22),
- ignition interlock device requirements,
- court ordered alcohol/drug treatment, and
- other probationary restrictions.
An actual DUI conviction requires mandatory minimum penalties based upon RCW 46.61.5055 and the Washington State Court’s DUI sentencing grid. These are minimum penalties and judges can order sentences above these minimums.
In most circumstances DOL hearings must be requested within seven days from the date of the DUI arrest. At this hearing you’re at risk of:
- driver’s license suspension or revocation,
- high DOL fees for reinstating your license and reissuing a new physical license,
- a requirement for SR-22 insurance, and
- ignition interlock device requirement.
The deadline may be longer than seven days if the arresting officer skips an alcohol breath test for a blood draw. It’s usually best to play it safe and simply request the hearing within the first seven days. More information about these hearings, including how to request one, can be found on DOL’s website.
These legal consequences are only the beginning. Stress, pressure at home and loss of job are all possibilities. An experienced DUI attorney will help guide you and craft a resolution with your specific needs in mind. Contact Cooney Law Offices today. Fighting for you!