I received a citation for a dui. that I have to do?
historically, when a person was arrested for driving while intoxicated, he or she was taken into custody or alternatively directed by the arresting officer to be present in court on the next date court was in session . the initial appearance or arraignment for the dui was normally the monday following the arrest. this has been common practice for decades. Rarely would a defendant receive a citation in the mail regarding a DUI charge, and certainly not six or nine months after the initial arrest. over the course of the last year, this has all changed.
why the change in practice?
Marijuana legalization has changed the way law enforcement and attorneys handle criminal charges. Following the passage of initiative i-502, law enforcement and legislators have been in a constant race to get ahead of the problems that “legal” marijuana creates.
what’s the change?
For a large portion of DUI arrests, law enforcement is now drawing blood. Given that so many citizens engage in marijuana use, it logically follows that a DUI suspect could be affected by THC. Without a blood draw, there is no definitive way to tell if a person has smoked or ingested marijuana.
Unfortunately, when blood is drawn from a DUI suspect, the result is not immediately available, as it is with a breathalyzer machine that measures alcohol. consequently, the arresting officer will simply file a report, send the blood to the poison lab, and then send that information to the prosecutor’s office. despite the fact that the suspect is technically “under arrest” during the process, he or she is not booked into jail and does not remain in custody. furthermore, the suspect will not be ordered to appear in court. The reason for the protocol change is twofold.
The main reason for the protocol change is simply logistics. it takes several months for the police to receive the result of the blood draw. blood samples must be sent to the washington state crime lab, which will provide results in about four months. we have seen results eight months later!
The second reason for the change is that the delay in blood results creates a later legal challenge. the court and prosecutor must honor a suspect’s speedy trial rights, which is 90 days after arraignment. If the prosecutor’s office charges a case immediately after the arrest, this means that it must be ready to take the case to trial within the 90-day window. clearly, with his evidence in the toxicology lab for four months or more, this wouldn’t work. the prosecutor would lose all of these cases based on legal challenge by any competent defense attorney. therefore, it is imperative that the prosecutor delay the arraignment.
community safety
Once upon a time, the prosecution believed in the importance of bringing a dui suspect quickly to court, so they could establish “conditions of release.” that is, cases were prioritized to ensure the safety of the community. Historically, on the Monday following a DUI arrest, the prosecutor would request that the court order the defendant not to use alcohol or drugs without a prescription. after i-502, the priority of community safety has changed. without faster response time from the poison lab, the prosecution must modify the strategy to meet the rights of the accused. Simply put, the state cannot charge a person without evidence ready to go to trial.
consequences in the real world
Hypothetically, a person could be arrested in January and wait in limbo for many months to find out if their recreational marijuana use met the 5 ng/ml standard for a dui. After several months, most people think their blood sample was fine. Given that the suspect is released the night of the blood draw with no instructions on when (if ever) to go to court, he or she believes that life can continue as normal.
In May, an out-of-state job opportunity arises that the individual can’t pass up. the person moves on with her life and that means a new direction. Since many months have passed, the person does not think to leave a forwarding address or contact the Washington Department of Licensing. six months later, when the dui is collected, a summons is sent to the last known address. not surprisingly, the person misses the court date listed on the summons. now, an arrest warrant is issued for his arrest. In addition, the person also does not receive the information about the 7-day period to request a hearing from the licensing department to challenge the suspension of his license and therefore now drives with a suspended license.
As you can see, there are many frustrating challenges that come with delayed blood results. Sadly, this “hypothetical” is actually happening to many Washingtonians every day.
what should I do?
First and foremost, keep your address current with the licensing department. Once your case is charged, the prosecutor will give the information to the court clerk’s office and they will send the summons. they send the subpoena to the last known address provided to dol.
Second, get ahead of the dui charge. when we are hired for a dui and there is no set date, we usually advise our clients to take some proactive steps. We will consider whether, in a particular case, an alcohol assessment or DUI Victim Impact Panel might be beneficial to complete prior to the arraignment date. In addition, we keep in regular contact with the prosecutor’s office to find out as soon as the case has been charged. there are strategies we employ that can make the arraignment, and the rest of the case, much easier.
There are too many pitfalls to go through this process alone. If you received a citation for a DUI, or were arrested and have not yet received a citation, call our office for a free and confidential consultation.