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What to Do if You Are Charged with a DUI in Washington

What to Do if You Are Charged with a DUI in Washington

Being charged with a DUI in Washington State can be overwhelming. You may be facing jail time, fines, treatment requirements, or the installation of an ignition interlock device. If you’re reading this, you’re likely trying to figure out what to do next. At Smith & White, our DUI defense attorneys help clients throughout Tacoma and Pierce County take the right steps early to protect their rights and minimize penalties.

Your First Priorities

If your car has been impounded, recovering it quickly is important to avoid expensive storage fees. If you are in jail, posting bail should be your immediate priority. You cannot effectively defend your DUI case from inside a jail cell. Once you are free and your vehicle is secure, your very next step should be hiring a qualified Tacoma DUI defense attorney.

Do Not Try to Handle This Alone

While your attorney will take the lead on your legal strategy, there are actions you can take right away to help your case:

  • Write down everything you remember from the traffic stop and arrest.
  • Preserve receipts from the restaurant, bar, or venue you visited.
  • Collect names and contact information for anyone you were with.
  • Save text messages or photos that help document your whereabouts.
  • Begin fulfilling court-ordered requirements like alcohol evaluations or victim panels proactively.

The more factual evidence you can gather to confirm your version of events, the better positioned your attorney will be to challenge the prosecution’s case.

Don’t Miss the DOL Hearing Deadline

One of the most time-sensitive steps after a DUI arrest in Washington is requesting a Department of Licensing (DOL) hearing. You only have 7 days from the date of your arrest to request this hearing. Failing to act in time may result in an automatic license suspension, even if your criminal case is later dismissed.

This hearing is separate from your court case and focuses solely on whether your license should be suspended. Smith & White can help you:

  • Request your hearing before the deadline
  • Represent you during the hearing
  • Present evidence to support retaining your driving privileges

More information is available at the Washington State DOL DUI Hearing Request page.

After the Arrest

Once arrested, the most important thing you can say is: “I wish to speak with my attorney.”

This invokes your rights and prevents further questioning. Do not explain yourself. Do not lie. Do not try to talk your way out of it. Once you’re released:

  • Call a DUI defense lawyer immediately.
  • Draft a detailed written account of the incident.
  • Begin gathering documents and completing requirements that your attorney recommends.

Understanding the Court Process

If you have been charged, you will soon have your first court appearance—called an arraignment. At this hearing:

  • You will be formally advised of the charges against you.
  • You will be asked to enter a plea (typically “not guilty” at this stage).
  • The judge will consider conditions of release, including whether you may be required to:
    • Abstain from alcohol or marijuana
    • Install an ignition interlock device (IID)
    • Submit to monitoring through SCRAM (Secure Continuous Remote Alcohol Monitor)
    • Attend alcohol or drug treatment

Your attorney can advocate to minimize these restrictions. Smith & White has successfully helped many clients avoid unnecessary conditions that interfere with work or family life.

If the court imposes IID or SCRAM as a condition of release, you will need to install these devices promptly. You can find court-approved IID providers near Tacoma at the Washington State Patrol Ignition Interlock Program website.https://dol.wa.gov/driver-licenses-and-permits/suspended-license/ignition-interlock-device-iid. For SCRAM or electronic home monitoring, Pierce County residents often use companies such as 2WM, https://www.2wm.com/electronic-home-monitoring/, Northwest EHM or Puget Sound EHM.

Following arraignment, you may face several pretrial hearings where the prosecutor and defense attorney exchange evidence, file motions (such as to suppress evidence), and explore potential resolutions. Most DUI cases resolve before trial, either through dismissal, amendment, or negotiated plea. However, if necessary, we are prepared to go to trial and challenge the prosecution’s case directly.

Getting an Alcohol Evaluation

In many cases, seeking an alcohol and drug assessment early helps resolve your case favorably. It can:

  • Show the court you are taking the situation seriously.
  • Identify if treatment is needed (or not).
  • Help your attorney negotiate a reduction in charges or sentencing.

You can find court-approved providers on the Washington State Department of Social and Health Services (DSHS) Directory.  Smith & White can also recommend trusted local evaluators and treatment providers in the Tacoma area.  The Pierce County Court recommends these providers.  https://www.piercecountywa.gov/DocumentCenter/View/1966/Listing-of-State-Certified-Treatment-Agencies-in-Pierce-County

Victim Panels, Community Service, and More

Completing the DUI Victim Impact Panel and the Alcohol and Drug Information School (ADIS) before being ordered to do so by the court shows initiative. Community service and volunteer work can also be viewed positively by the judge.

Some courts allow you to convert fines to community service hours. Doing this in advance, under your attorney’s guidance, may reduce your total costs and improve your sentencing position.

We can also advise on which local programs are most credible and acceptable to the courts. While no action can guarantee a specific outcome, early efforts often give your attorney greater flexibility when negotiating with prosecutors or arguing for leniency before a judge.

Care About Your Case

We encourage clients to stay involved and informed. Ask questions. Follow through on attorney recommendations. Stay proactive. The more you do now, the more options your DUI attorney has later. This is your case—and your future. The effort you invest now can make a major difference.

Our Tacoma DUI Defense Attorneys Can Help

Smith & White has successfully defended DUI cases across Pierce County. We understand local court procedures and what judges expect. We can:

  • Challenge the legality of the traffic stop
  • Investigate the accuracy of breath and blood tests
  • Negotiate reductions or dismissals
  • Represent you in both criminal court and Department of Licensing hearings

Call Today

The sooner you act, the more options we have to protect your record, license, and future.

Facing DUI charges in Tacoma or Pierce County? Don’t navigate the system alone—reach out to our Tacoma office today. Your first consultation is free and confidential.