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Court Specific DUI Procedures

When it comes to DUI defense, every court has its own nuance. 

Attorney Sheri Pewitt, Founder of the Pewitt Law, focuses much of her practice on DUI Defense. A DUI charge is a very serious charge and few cases require greater attorney expertise than driving under the influence of alcohol or drugs.  In addition to having a strong working knowledge of the science involved in breath and chemical testing, it's helpful to know how each court operates. While some elements of a DUI sentence are statutorily mandated, others are left to the discretion of the sentencing judge. For example, a sentencing judge has discretion to decide how much jail to impose within the statutory scheme.  The same is true when a judge sets probation conditions.

Typical conditions of probation on any case that originated as a DUI or physical vontrol:
  1. No driving a motor vehicle without license and insurance.*
  2. No driving with a BAC of .08 or THC of 5.0 or over within 2 hours of driving.*
  3. No refusing a BAC or blood draw.*
  4. Supervised probation.
  5. Alcohol and drug evaluation and follow-up treatment as recommended.
  6. RCW 46.61.5152 - DUI Victim's Panel.
  7. RCW 46.61.5054- $200 BAC fee, unless indigent.*
  8. No major moving violations.
  9. No alcohol related charges or convictions.
  10. Restitution, if any.
  11. RCW 38.52.430- Reimbursement for emergency response, if requested, documented, and incident involves more than typical DUI.
  12. Ignition Interlock Device as required by DOL.
  13. DUI Cost Recovery ($125 minimum) to Law Enforcement Agency. (this goes directly to the LEA and is separate from the BAC fee)
  14. No criminal law violations.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.