How often can you expect to have Court on a DUI case?

One of the most common questions I get asked as a Seattle DUI Attorney is how many times will I have to go to Court for my DUI case.  The answer is pretty simply.... It depends.   Here are the factors that will determine how often a defendant would have to go to Court for a DUI case.

If the DUI gets reduced to a lesser charge or something along those lines and a plea deal is negotiated then obviously there may not be that many Court dates.  Typically in this situation a defendant will have to attend at least 3-4 court dates.  The first hearing would be the arraignment, there may be something called a pretrial hearing where the defendant will enter the plea deal, and then there would be a sentencing hearing.  So depending on the number of pretrial hearings it potentially could be 3-4 dates.  

If the DUI gets set for trial then there could be many court dates.  Again like the previous example there would be an arraignment, a pretrial hearing, but instead of a sentencing hearing there would be a few other court dates.  The next hearing would be a motion hearing.  This is where a motion to dismiss or suppress evidence would be litigated.  The next hearing would be something called a readiness hearing or omnibus hearing.  Basically this is just where the parties go in front of the Judge and announce whether the trial will actually commence on the date chosen or whether it will be moved.  Then of course the trial date.  

I would say depending on the jurisdiction and how busy they are if a case gets set for trial that will include anywhere from 10-30 additional court dates.  For example I recently has a DUI jury trial here in Seattle and my client and I appeared approximately 30 times before the trial actually started.  This is actually a lot and not the norm but sometimes it happens.

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About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  He is the owner of Leyba Defense PLLC a DUI law firm. 

What degree is a license suspended after a DUI conviction

If a driver gets convicted of a DUI here in Washington State.  Then they face at least a 90 day drivers license suspension if it was a first offense DUI and they took the breath test.  Obviously the length of the license suspension can vary depending on the particular facts in the case including the breath test level, or whether they refused the test.  In Washington State there are essentially three different types of drivers license suspensions.

Like I stated above there are essentially three types or degrees of drivers license suspensions here in Washington State.  Here is some basic info on the different types

• Driving while license suspended in the third degree.  This carries a max penalty of 90 days in jail and a $1000 fine.  If convicted of this offense there is no additional license suspension.  Typically people get this suspension for unpaid traffic tickets, failure to pay child support, etc.  More from financial stuff.
• Driving while license suspended in the second degree.  This carries a max penalty of 364 days in jail and a $5000 fine.  If convicted of this offense there is an additional 1 year drivers license suspension.  Additionally it counts as a serious traffic offense that could result in a longer license suspension.  Typically people get this suspension for a DUI conviction, DOL administrative action, or a reckless driving conviction.  
• Driving while license suspended in the first degree.  This carries a max penalty of 364 days in jail and a $5000 fine.  It also carries a mandatory jail sentence if convicted.  Additionally if a driver becomes suspended in the first degree their license license is at least 7 years.  To get to this level a driver needs to accumulate 3 or more serious traffic offenses in a period of 5 years.  These include any vehicular assault, vehicular homicide, reckless driving, DUI, or driving while license suspended in the 2nd degree.

Obviously there is more to these types of suspensions that I just wrote.  But these are the basics.  Anytime a person gets charged with either driving while license suspended second or first degree the goal should always try and get it reduced to a third degree charge.  That would be a best case scenario.

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About the author:  Matthew Leyba is owner of Leyba Defense PLLC, a DUI law firm located in Seattle, WA.  He is currently rated a perfect 10 out of 10 by Avvo.com, and has been recognized as a rising star in the field of DUI defense by the Seattle Met Magazine.