Alot of people miss their scheduled DUI and criminal traffic related court appearances for many reasons. Sometimes the police officer writes down your address wrong; you did not change your address after moving; you were out of town when the notice came to your mailbox; you opened your mail late or sometimes you just weren’t ready to deal with it.

Well, the thing to remember is that you will probably be arrested if you are stopped by a police officer. The good news is that most Courts have a warrant quash procedure and calenders where you can appear in person and quash (recall/cancel/stop) the warrant. You need to call the Court that gave you notice beforehand and find out what there particular procedure is. Alot of Courts will require your appearance in person to schedule the Court appearance. Some Courts will allow you to quash the warrant at the Court clerks window if it is below a certain amount (for example $1000) and pay a warrant fee (for example $75). The key is TO DO SOMETHING, so you don’t have this horrible uncertainity over your head. Once you appear at the scheduled Court appearance, most Courts will simply release you on your own PR (personal recognizance) (obviously this depends some on your prior history and reason for missing the Court date) and set a new Court date. If arraignment was the missed hearing, some Courts will do the arraignment at that time. For King County see link King County Quash Warrant

In the Seattle Metro Area there are several Jails where to serve your DUI Jail time. These Jails tend to be more comfortable than the County Jails, albeit, you have to pay for the privilege to serve your time. Remember, the Judge must specifically authorize another Jail at sentencing. Otherwise, you have will have to serve your time at the King County Jail. (this is not an exhaustive list and is subject to change)

The City of Enumclaw Jail (about an hour from downtown Seattle)

Direct Line (360) 825-8580 – Enumclaw Jail directions and map

Bring:

• $85.00 – daily charge (cash);
• Copy of commitment and Court Order;
• Photo ID; (drivers license)
• Prescription medications;
• All other items will be provided;
• Will need to fax copy of commitment to Jail;
• Call day before to confirm bed availability; (I would also check a week out to get an idea of bed availability and if you have any questions about what you can bring or parking etc.)
• Weekdays are much better (Wednesday/Thursday). Will be in General Population;

The City of Issaquah Jail (about 30 minutes from downtown Seattle)

Direct Line (425).837.3265

130 East Sunset Way

Issaquah, Washington – Issaquah Jail

Bring:

• $140.00 – daily charge; (cash only)
• Photo ID; (drivers license)
• Copy of Commitment Order and Court Order;
• Prescription medications;
• All other items will be provided;
• Check-in time is 7 am – 9 am or 7 – 9 pm;
• Call day before to confirm bed availability (I would also check a week out to get an idea of bed availability and if you have any questions about what you can bring or parking etc;
• Weekdays are best. Weekends tend to fill-up quickly.

The City of Kirkland Jail (about 20 minutes from downtown Seattle)

(425) 587.3400 (push jail extension)

11750 NE 118th St, Kirkland WA 98034

Kirkland, Washington

Bring:

• $80.00 – daily charge (cash or money order only)
• Photo ID; (drivers license)
• Copy of Commitment Order;
• Prescription medications;
• All other items will be provided;
• Check-in time is 24 hours;
• Have to go in person and fill-out an application “beforehand”.
• Take copy of Commitment Order and Court Order showing Kirkland Jail authorized. Usually Plenty of availability;

You will need the IID for One (1) year on a first offense DUI or Physical Control conviction. Remember, it is typically now the Washington State Department of Licensing (DOL) and not the Court’s that are enforcing this requirement.

Yes. You can get a non-owner SR-22 Insurance policy or AKA “broad form” that allows you to drive different vehicles, if you have a 3-year SR-22 requirement because of a DUI related suspension – but no vehicle. See link to Vern Fonk Insurance for more information. SR-22 Info .

No. In Washington State, District and Municipal Courts require the Defendant’s mandatory appearance at DUI or Physical Control Arraignment’s. Fortunately, Boating under the Influence (BUI) cases are not included. So if you have timely obtained counsel, your lawyer may file paperwork waiving that initial arraignment hearing and entering a plea of not guilty on “your” behalf. The Court Clerk will then set a pre-trial hearing as your next Court date. Typically 30-45 days from the original arraignment date. (Caveat: some local Court rules might still require your appearance)

If you don’t have a lawyer yet, you will still have to appear.

No. If you enter a deferred prosecution SR-22 will not be required. This can result in substantial savings in insurance premiums. However, there is one important exception – if you refused the breath test – and lost the Department of Licensing Administrative Hearing – SR-22 insurance will be still be required for at least three (3) years . You will also have to obtain an ignition interlock license if you want to drive during the period of revocation.

Yes, in my opinion you always request a Washington State Department of Licensing (DOL) Hearing – even if it looks like the hearing will be unsuccessful. It is worth the $375.00. It is important to remember that this is a “Civil” administrative hearing and the standard of proof is preponderance of the evidence . (alittle over 50%)

However, in the worst case, you get a free deposition under oath. If I think there are no good legal issues – I will always subpoena the officers. I then proceed to use the hearing to find out everything about my client’s case while it is fresh in the officer’s memory and pin down his/her testimony. I then have the hearing transcribed and can use it later in Court – if there are discrepancies with the officer’s testimony. In alot of jurisdictions, charges haven’t even been filed by the time of the DOL Hearing. See also the 20-day rule in previous post.

Your Washington State driver’s license will be suspended or revoked (revoked if 1 year or more) 60 calender days from the date of your arrest. If you miss the 20-day deadline you are out of luck. The length of suspension or revocation depends on whether you took the breath test or refused as well as your prior administrative DUI history within seven (7) years.

No. The portable breath test (PBT) is not admitted into your DUI case-in-chief that will go before the jury. The PBT is only used to establish probable cause to arrest and even to be used for that purpose – the officer or trooper must follow the Washington Administrative Code (WAC) protocols correctly.

Yes. Under Washington law a Washington State Ferry is actually part of the State “highway” system. I have had several DUI cases over the years where people fell asleep on the Ferry crossing. They were eventually woken up by a Washington State Trooper and I am sure you can guess what happened next.