DUI Pretrial Hearing in Washington
After your DUI arraignment, your next court date is usually a pretrial hearing. Many courts call it a “mandatory pretrial” because you are required to be there. In some cases, your attorney may be able to appear for you. Ask whether that’s possible in your case. This hearing is where your case starts moving toward a decision: a resolution, a deferred prosecution, a motion hearing, or a trial date.
Here’s what the pretrial hearing is for, what happens there, and how to get ready for it.
What the Pretrial Hearing Is For
When you plead not guilty, the court can set a pretrial hearing. The time before that hearing is meant to give the lawyers room to exchange evidence, investigate the case, and talk about a possible resolution.
In practice, the pretrial hearing is a checkpoint. The judge wants to know where the case stands and what happens next. In many courts, if the case isn’t resolved at the pretrial hearing, it gets set for trial or for a motion hearing.
When the Pretrial Hearing Happens
Your pretrial date is usually set at your arraignment. How far out it is depends on the court and its calendar, but it’s often around 45 days after your arraignment. Check your paperwork from arraignment for the exact date, time, and courtroom, and call your attorney or the court if you’re not sure.
You also have a right to a speedy trial. That’s one reason courts keep DUI cases on a schedule and expect real progress by the pretrial hearing.
Reviewing the Evidence Before the Hearing
By the time of this hearing, your attorney should have the evidence in your case. If some of it is still missing, your attorney can raise that with the judge at the hearing. In a DUI case, the evidence often includes:
- The reason for the traffic stop
- Body camera and dash camera video
- Field sobriety test results and how they were given
- Breath test records or blood test results
- Your statements to police
- Your driving record and any prior offenses
This review is what shows whether there are problems with the case and which options make sense.
What Happens at the Pretrial Hearing
Every courtroom runs a little differently, but at a typical DUI pretrial hearing:
- Your attorney and the other side update the judge on the status of the case.
- If you’ve reached an agreement to resolve the case, it may be handled that day or set for a later hearing.
- If you plan to ask for a deferred prosecution, the court may set a date for that.
- If your attorney is challenging evidence, the court may set a motion hearing.
- If the case isn’t resolved, the court sets a trial date or another hearing.
Plan on being there unless your attorney tells you otherwise. Missing a required court date can lead to a warrant for your arrest.
Your Options at the Pretrial Stage
Ask for a Deferred Prosecution
A deferred prosecution is a two-year treatment program that can lead to dismissal of the DUI. It requires an assessment, a petition, and giving up important trial rights. The petition must be filed at least seven days before your trial date unless the court finds good cause for the delay (RCW 10.05.010), so the pretrial stage is the time to decide.
Challenge the Evidence
If the stop, the arrest, or a test wasn’t handled properly, your attorney can file a motion to suppress evidence. These motions are filed in writing, and the court usually sets a separate hearing to decide them. Winning a motion can weaken the case or lead to a better resolution, but no result can be promised.
Negotiate a Reduced Charge
Depending on the evidence and your history, it may be possible to resolve a DUI as a lesser charge such as reckless driving or negligent driving in the first degree. Whether that’s available depends on the facts of your case.
Set the Case for Trial
If the case doesn’t resolve, it goes to trial. You have the right to a jury trial, and the state has to prove the charge beyond a reasonable doubt.
Give Notice of Certain Defenses
Some defenses have to be raised early. For example, if you claim you drank after you stopped driving and that’s what put your result over the limit, your attorney must give notice before the pretrial hearing (RCW 46.61.502; RCW 46.61.504 for physical control). Missing that deadline can mean losing the defense.
If You Don’t Have a Lawyer
You have the right to a lawyer, and if you can’t afford one, the court can appoint one. If you go without a lawyer, you’ll be negotiating directly with the other side, which represents the state or city, not you. Decisions made at this stage can affect jail time, fines, your license, and your record, so it’s worth getting advice before your pretrial date.
Don’t Forget Your License
The pretrial hearing is part of the criminal case. Your driver’s license is handled separately by the Department of Licensing, and you only have seven days after notice to request a hearing (RCW 46.20.308). That deadline usually passes well before your pretrial date. Learn more about the DOL hearing.
How a DUI Attorney Can Help Before Pretrial
A DUI attorney can:
- Get and review the evidence before the hearing
- Spot problems with the stop, the tests, or the arrest
- Explain your options in plain English, including deferred prosecution
- Meet deadlines for motions, defenses, and petitions
- Negotiate with the other side and stand with you in court
The wrong decision at this stage can mean jail, probation, and expensive fines and costs. Learn more about Washington DUI defense.
Contact a Washington DUI Attorney
If you have a DUI pretrial hearing coming up, talk to an attorney before your court date.
Kris Carrasco Attorney at Law
1014 Franklin Street, Vancouver, WA 98660
Phone: (360) 975-4673
Call or contact us online for a free consultation.
Charged with DUII in Oregon? See our Oregon DUII page.