The 4 options in resolving a DUI charge

In Washington State, no DUI charge is the same when it comes to the facts involved, the witnesses, the combination of officers and the accused, and the breath or blood test results. When you combine all of those factors any one DUI charge is very unique. However typically in a first offense DUI charge the accused or defendant has the same 4 options to resolving their case. The include pleading guilty as charged, negotiating with the Prosecution for a reduction in charges, entering into a deferred prosecution, and setting the DUI case for a jury trial. So lets go through these one by one.

First, pleading guilty as charged. In Washington State anytime someone is charged with a DUI they face a mandatory amount of jail and fines. These are determined based on the number of prior DUI offenses a person has and what their alcohol level was. Usually a first offense the mandatory amount of jail is 1 day, and the fine is $866. There is also a license suspension and ignition interlock device requirement. I usually advice against a person who has no criminal history to just plead guilty as charged for reasons I will discuss below.

Secondly, is negotiating with the Prosecution for a reduction in charges. As stated above a DUI charge carries certain mandatory penalties. If the DUI charge gets lowered to a lesser offense then those penalties can be avoided. Obviously this is the goal anytime a person is charged with a DUI, but sometimes things dont work out as planned and the Prosecution is unwilling to lower the charge.

Thirdly, is entering into whats called a deferred prosecution. This is a 5 year contract you would enter into with the Court. If you agreed to stay out of trouble for those 5 years, completely abstain from alcohol or nonprescribed drugs, and enter and complete a 2 year alcohol or drug treatment program than the DUI charge will be dismissed. To be eligible for this program you need to suffer from alcohol or drug dependence.

Lastly, would be setting the case for jury trial. As I stated above sometimes the Prosecution is unwilling to reduce the DUI charge. If the defendant doesnt want to plead guilty then their options are pretty limited. But the one good thing about Washington State is you already know what the penalties are if you are found guilty.

When considering any of these options its always important to speak with an experienced DUI Attorney. One that is familiar with what happens after a DUI arrest, and what would be in your best interests