DUI Arraignment in Washington: What to Expect

DUI Arraignment in Washington: What to Expect at Your First Court Date

A DUI arraignment is the court hearing where you are told what you’re charged with and asked to enter a plea. In Washington, it is often your first time in front of a judge after a DUI arrest. What happens at this hearing, especially the release conditions the judge sets, can affect your daily life for months. Here’s how a DUI arraignment works in Washington, what to expect, and how a DUI attorney can help.

When Will My Arraignment Be?

Washington has deadlines for how soon your arraignment must happen:

In jail or already under release conditions: you must be arraigned no later than 3 days after the complaint or citation is filed.
Not in jail and not under release conditions: you must be arraigned no later than 14 days after your first court appearance following the filing of the charge.

Your actual court date will be on your citation or court notice. Check it for the exact date, time, and courtroom, and if you aren’t sure, call the court or an attorney right away. These deadlines matter because the arraignment date starts the clock for your speedy trial rights. If you think the arraignment date is wrong, you have to object at the arraignment, or you lose the objection.

What Happens at a DUI Arraignment, Step by Step

Every courtroom runs a little differently, but most Washington DUI arraignments follow the same basic steps:

Your right to a lawyer. If you come without a lawyer, the judge must tell you that you have the right to one, and ask whether you have one. If you can’t afford a lawyer, the court will appoint one unless you choose to go without one (CrRLJ 4.1(c)).
Your name. You’ll be asked to confirm your true name (CrRLJ 4.1(e)).
The charge. The charge is read to you, or you can skip the reading, and you get a copy (CrRLJ 4.1(f)).
Your plea. Most people plead not guilty at this stage.
Release conditions. The judge decides what conditions you must follow while your case goes on.
Your next court date. The court sets your next hearing, usually a pretrial hearing. Learn more about the mandatory pretrial hearing.

Pleading Not Guilty at Your Arraignment

A not guilty plea is not a statement to the judge that you did nothing wrong. It is the standard plea that protects your rights. It keeps your options open while your attorney gets the police reports, video, and test results, and looks for problems with the stop, the arrest, the field sobriety tests, or the breath or blood test.

Pleading guilty at arraignment gives up those chances. Your options may later include a trial, a reduction to a charge such as reckless driving or negligent driving in the first degree, or a DUI deferred prosecution for people who qualify. Every case is different, and no attorney can promise any of these results.

Release Conditions After a DUI Arraignment

At arraignment, the judge can set rules you have to follow while your case goes on (CrRLJ 3.2). In DUI cases, these often include no alcohol or non-prescribed drugs, no driving without a valid license and insurance, and alcohol monitoring such as a SCRAM ankle bracelet, breath testing, or urine testing (UAs).

If you have a prior offense and the current charge involves alcohol, the judge must order an ignition interlock, 24/7 sobriety monitoring, or both (RCW 10.21.055). Violating your conditions can lead to a warrant or time in custody. An attorney can argue for the least restrictive conditions the law allows.

What If I Miss My DUI Arraignment?

If you miss a required court date, the judge can issue a bench warrant for your arrest, and future release conditions may get stricter. Washington’s bail jumping statute is narrower than many people think. For most misdemeanor DUI cases, the crime of bail jumping applies to failing to appear for trial after written notice, not to missing an arraignment. Even so, a missed court date can hurt your case. If you missed court, call an attorney right away about getting the warrant addressed.

Don’t Forget the Separate DOL License Hearing

Your court case and your driver’s license are two separate tracks. If you were arrested for DUI and received notice of a license suspension or revocation, you have only seven days after the notice is given to request a hearing with the Department of Licensing in writing. The request comes with a $375 fee, and a mailed request must be postmarked within seven days (RCW 46.20.308(7)). The temporary license you got at arrest is generally valid for 30 days (RCW 46.20.308(6)). This deadline often passes before the arraignment, so don’t wait. Learn more about the DOL hearing.

Do I Need a Lawyer at My DUI Arraignment?

You aren’t required to have a lawyer at arraignment, but having one there can make a real difference. A DUI attorney can:

Speak for you about release conditions and argue against unnecessary restrictions
Make sure you enter the right plea and don’t give up rights by accident
Object to an improper arraignment date to protect your speedy trial rights
Help you meet the seven-day DOL hearing deadline
Start reviewing the evidence right away

If you choose to go ahead without a lawyer, the judge must ask you questions first to make sure you understand what you’re giving up and are choosing freely (CrRLJ 4.1(d)). Going without a lawyer at arraignment doesn’t stop you from hiring or asking for a lawyer later.

DUI Arraignment FAQ

Can I plead guilty at my arraignment?
You can, but pleading guilty before you or a lawyer has reviewed the evidence means giving up possible defenses and options. The judge will likely sentence you on the spot and take you into custody immediately. Talk with an attorney first.

How long does a DUI arraignment take?
The hearing itself is often short, but you may wait in court while other cases are called.

Will I lose my license at arraignment?
License action by the DOL is separate from the court case. Protect yourself by requesting a DOL hearing within seven days.

Talk to a Washington DUI Attorney Before Your Arraignment

Kris Carrasco represents people charged with DUI and physical control in Washington, including in Vancouver, Battle Ground, and throughout Clark County. Learn more about Washington DUI defense or physical control charges.

Charged with DUII in Oregon? See our Oregon DUII page.

Kris Carrasco Attorney at Law
1014 Franklin Street, Vancouver, WA 98660
Phone: (360) 975-4673

Call or contact us online for a free consultation.

Feb 28, 2024

by GC on Kris Carrasco Attorney at Law

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