If you are a current client of Kidd Defense and you are unsure of your Court date, please feel free to call us and we will assist with any questions you have regarding your charge, DUI laws or court dates. Additionally, the Washington State courts website has a “Find My Court Date” feature that many of our clients find convenient to utilize. We strongly recommend you keep in frequent contact with our office to ensure you are up to speed with DUI laws and changes to any upcoming hearing dates.
According to DUI laws, under certain circumstance a defendant may be booked into jail and held until the case is resolved or a bond is posted. Bond can be posted in the full amount directly to the court. In the event the court is closed, the bond can be posted directly to the jail. If someone can’t or would rather not post the full amount, a bondsman may be able to assist in posting bail for a percentage of the entire amount. Contact our office for preferred bond providers.
It’s important to understand DUI laws. If you have been charged with a DUI, the Department of Licensing (DOL) will administratively suspend your license if you refused the breath test, if you submitted to a breath or blood test and the results were 0.08 or above (0.02 or above for those under 21 years of age), or if you had a THC concentration of 5.00 ng/ml (or any amount if under 21 years of age). In general, the administrative suspension will begin 60 days from the date of arrest unless you request an administrative hearing within 20 days of arrest. Here are the steps on how to request a hearing:
Alternatively, if you qualify based upon DOL’s financial screening, submit an Application for DUI Indigent Waiver instead of the Request for Hearing and the $375 fee. If your request for fee waiver is denied you will be notified and given an opportunity to re-submit the application along with the fee.
Online submission of the hearing request is possible, however, Kidd Defense advises clients to hand deliver their applications to the post office and request a certificate of mailing or return receipt to keep with their files. This serves as proof of request in the event that the post office or DOL loses your application.
We further advise our clients to wait to submit the application until approximately the 19th day after arrest (but not more than 20 days). If you’d like to know why, feel free to contact us and we’d be happy to explain the strategy behind our advice.
If you are concerned that your license may be suspended, you may check the status of your license on the Department of Licensing website. If your license is suspended, you will also find steps to take to reinstate your license.
In general, defendants may abstain from driving during the suspension period, however, you may be able to continue driving even though you are suspended by obtaining an Ignition Interlock License. Appealing the decision to revoke or suspend your license with the Superior Court also remains an option.
If you failed to request an administrative hearing or if the hearing occurred but did not end favorably, you may be eligible according to DUI laws to obtain an Ignition Interlock License (IIL) and continue to drive.
Once the criteria has been met, the Department of Licensing will issue an Ignition Interlock License to you. The DOL does not immediately process applications, so to ensure that there are no gaps in your driving privilege, submit the application at least one week before your suspension begins. Be aware that the DOL will only keep your application for an IIL open for 30 days and will not issue you a license until all criteria have been met. Hence, if you submit the application but fail to install the Ignition Interlock Device or obtain an SR-22 in a timely manner, the DOL will cancel your application and will not refund your application fee.
Kidd Defense strives to demonstrate to the court and prosecution that our clients are motivated to succeed and unlikely to re-offend. As a result, we usually advise our clients to obtain an alcohol and drug evaluation before the case resolves in court.
Any state certified treatment provider can administer an alcohol and drug assessment. For a complete list of area providers, please contact our office.
The agency performing the evaluation will base their findings on a number of factors, including a review of various documents, self disclosure, psychometric testing and urinalysis. The evaluation agency will usually request that you provide them with the following documents:
Both documents can be obtained at the Spokane County Courthouse Public Safety Building.
By law, the evaluation agency is required to make an attempt to obtain a copy of the police report, however, are not required to review prior to concluding their assessment. Therefore if you do not have a copy of the police report readily available, it may not be required to proceed.
The evaluation provider is interested in this document if you disclose that you have consumed alcohol or drugs since your first appearance or if your urinalysis (UA) comes back positive. The reason for review is to determine if the defendant is continuing to drink or use drugs despite a court order, which could be indicative of a substance problem.
The evaluator is reviewing to determine the level of impairment indicated by the defendant or the police report. A high breath test with limited signs of impairment could indicate tolerance, which could indicate a substance problem.
If you have been convicted of a DUI or reduced charge, the judge may order your attendance at a Victim Impact Panel (VIP). Under most circumstances, one cannot complete a VIP until sentencing has occurred. The court will usually only accept attendance at a live panel; requests to participate in online panels are usually rejected. In Spokane, the Victim Impact Panel is arranged by the Greater Spokane Substance Abuse Council (GSSAC). If you have additional questions about the VIP or need a referral, contact the probation office.
Many DUI clients of Kidd Defense avoid serving a jail sentence. If you have been fortunate enough to resolve your case in a manner that avoids having to serve a jail sentence, you may be required to complete a “book and release.” This is simply the process of being booked, which includes fingerprinting, photographs and documenting your information. Once this is complete, you are released.
If book and release is necessary, the judge will set a date at your sentencing hearing when the the process will need to be complete. In Spokane, this may be accomplished by simply visiting the lobby of the Spokane County Jail to be booked and immediately released. The jail is located one building north of the Public Safety Building (District Court and Municipal Court Clerk’s Office).