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DUI Arraignment – The Who, What and Why

Written by David O
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DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

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Weston Cage Tries to Elude Cops but Fails and Gets a DUI

Written by David O
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Weston Cage Tries to Elude Cops but Fails and Gets a DUI

In an attempt to elude police officers, Weston Cage, son of actor Nicolas Cage, managed to drive himself into a lot of trouble which included; running over mailboxes, plowing down a street sign, side swiping a car, and smashing into a tree. All ironically resulting in a police arrest and being charged with a DUI.

Saturday, Feb. 5th actually started off OK for the 26-year-old actor. Weston was driving a new ride in the San Fernando Valley around noon when he got into a minor fender bender. The driver of the other car and Weston exchanged information and all seemed to be fine.  Until, Weston thought the cops were coming to scene of the accident. That’s when Weston decided to take off! And that’s also when his day started to get a lot worse.

a duiWhile trying to escape the clutches of the ghost cops, Weston only made it a mile away until he lost control of his new car. He swerved onto a residential lawn, ran down a row of mail boxes, continued through the yard, plowed down a street sign, and finally came to a halt by running straight into a tree while sideswiping a car at the same time.  WOW, talk about major amount of destruction in a short amount of lawn.

To make matters worse, Weston’s car no longer looked new… the front end was completely smashed, bummer!

Needless to say, the police were called.  And unfortunately for the star of the movies Lord of War (2005) and Rage (2014), police believed Weston was driving under the influence, aka DUI.  He was arrested and taken to the hospital to check for any bodily injuries before being charged with DUI.

Feb. 5th was not the best day for Weston, but hopefully his days thereafter are much better.  And hopefully Weston hire’s a reputable DUI lawyer to defend his DUI charge!

If you have been charged with a DUI in Washington State and need a great lawyer on your side, give David O Defense a call, 206-459-6392.  Our experienced DUI attorneys are happy to help.

 

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Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

Written by David O
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Defense Attorney, David O, Answers Your DUI Questions and More – Part 1

business manI’ve been a criminal defense attorney for many years now and I have met with many clients.  Through client conversations and meetings I’ve noticed that clients tend to ask the same questions…  So I thought it would be a good idea to blog about these frequently asked DUI questions and other frequently asked questions and I will provide my answers.  Hopefully this Q&A is helpful!

Frequently Asked DUI Questions and More – Part 1

Q.  What is your legal fee for a DUI?

A.  I do not have a set fee for a DUI.  Because each DUI case and each individual charged with a DUI are unique I prefer to meet in person for a free consultation where I can discuss the circumstances of the case and  criminal history.  After getting to know more about the person and their case, I know how much work and time it will take to achieve the best possible case resolution and I can provide a flat legal fee quote.  On average I charge a flat legal fee of $4000 – $6000 for a DUI.

 

Q.  What is your legal fee for other criminal charges?

A.  I do not have set legal fees.  I prefer to talk with each individual charged with a crime, find out more about them and their case and then I can determine their cost for legal representation.

 

Q.  What is the penalty for a first time DUI offense?

A.  It depends on your Blood Alcohol Concentration (BAC) result when you blew into the DUI breathalyzer or had blood drawn or if you refused to provide a BAC sample:

BAC result less than .15 = 1-364 days in jail or 15 days of EHM (electric home monitoring), $941-$5,000 fine, ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or refusal = 2-364 days in jail or 30 days of EHM, $1,196-$5,000 fine, ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

 

Q.  Can you guarantee my case will get dismissed?

A.  No, I cannot guarantee your case will be dismissed and no other attorney should tell you that they can guarantee your case will be dismissed during the early stages of your case.  DUI cases and other criminal cases take a lot of work to negotiate, investigate, and sometimes going through trial before a resolution can be reached.  I cannot guarantee your case will be dismissed but my goal for each and every client is to work hard to achieve the best possible case outcome.

 

Q.  How should I dress for court?

A.  I tell clients they should dress as if they were going to church.  For men, slacks or nice jeans with a button down or collared shirt is appropriate.  Men do not need to wear a suit unless they would like to.  For women, a conservative dress, slacks or nice jeans with a blouse works well.  Dressing appropriately, shows the judge that you are taking the case seriously and that you are being respectful while in the judge’s presence.

That’s the end of Frequently Asked DUI Questions and More – Part 1. Hope it’s been helpful!  Link to Part 2.

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