About Seattle Courts & Seattle Arrests for Drunk Driving / DUI

There are three courts in Seattle; a Municipal Court, District Court and Superior Court. The King County Jail system currently serves all three of these courts.

Seattle Municipal Court

The Seattle Municipal Court handles misdemeanors, gross misdemeanors, infractions and civil violations. It enforces the Seattle Municipal Code (SMC), which is similar (or in some sections identical) to the Revised Code of Washington (RCW). If you’re arrested by a Seattle Police officer for Drunk Driving / DUI / DWI, it is likely if not certain that your case will be heard at Seattle Municipal Court. This court is located at 600 5th Ave Seattle, WA 98104.

Seattle Police use various city precinct stations to breath test Drunk Driving / DUI suspects – or Harborview Medical Center in the case of blood testing. After being booked into the King County Jail, you will appear before a judge on the next court day. Arrestees booked on a Friday night, over the weekend or the day before or day of a legal holiday must wait until the court reopens to appear.

The King County District Court – West Division, Seattle Courthouse (aka “Seattle District Court”)

The King County District Court West Division – Seattle Courthouse has jurisdiction over state and King County cases. In fact, it also includes Seattle DUI arrests. Arrests made by a King County Sheriff or Washington State Trooper that result in misdemeanor or gross misdemeanor charges are prosecuted and heard at Seattle District Court. This court is located at 516 Third Avenue, Seattle, WA 98104, on the third floor.

King County Superior Court

Finally, the Superior Court primarily handles felony offenses; including Seattle Felony Drunk Driving / DUI charges. King County Superior Court is located at 516 Third Avenue Seattle, WA 98104, in the same building as the Seattle District Court.

How it works in the Seattle and King County Courts for DUI’s

The first hearing is the arraignment. The plea you enter at the arraignment should and must always be “Not Guilty”; regardless of the facts and circumstances of your case. The court will also set conditions of release at this hearing. Prosecutors often ask the judge to impose strict conditions such as setting bail or requiring an Ignition Interlock Device, 24/7 sobriety monitoring, Electronic Home Monitoring (EHM), and SCRAM or TAD (devices that measure ambient evaporation of alcohol through the pores in your skin as you sweat (which everyone does to a slight degree 24 hours per day) . An experienced Seattle DUI defense attorney can usually effectively resist and minimize these conditions, especially on first-time offenses, but even on repeat DUI’s. It requires knowledge of the particular judge’s and prosecutor’s proclivities and policies – and they do vary from judge to judge to some extent even though the law is the law.

Next, there are Pretrial Conferences, also called Pretrial Hearings (aka “PTR”). Most cases have several PTR’s before they are resolved via a plea bargain on a discreet deal with the prosecutor if one can be negotiated or set for trial. They generally occur approximately 5-8 weeks apart. After a few PTR’s, the court will often pressure the defense to conclude the case with a plea deal (i.e., plea and sentencing) or go to trial. If a good offer is presented by the prosecutor, the case can be disposed of by a plea deal (plea bargain) at a PTR. During this process, your defense attorney will be investigating your case and obtaining police reports, medical records, interviews from witnesses, victims, experts and law enforcement as well as any other evidence related to your case, and will have you undergo an alcohol/drug assessment, in certain cases mental health evaluation, and do a lot of other things, too, such as attending a DUI Victim Impact Panel (see: https://www.kingcounty.gov/~/media/courts/DistrictCourt/Probation/Victims_Panel_July_2016.ashx?la=en and https://www.duivp.org/schedule.html).

Pretrial Motions

There are numerous pretrial motions that can have a significant impact on your defense – or even result in the dismissal of your case. A few common ones include motions to challenge probable cause (PC) for the stop or arrest, whether statements made by the police, witnesses or defendant are admissible (motions to suppress statements or evidence at the so-called Rule 3.5/3.6 hearing), motions to compel the state or city to produce discovery they routinely withhold (one of my pet peeves – when the prosecution unethically withholds exculpatory evidence – called “Brady material” to hamper the defense attorney, which is often prosecutorial misconduct, and I am not afraid to call them out on that) or motions to limit discovery before trial and Sixth Amendment right to counsel deprivation motions. Pretrial motions require extensive analysis, investigation on occasion, legal briefing and strategic planning to be successful.

Readiness Hearing & Trial

Less than 15% of the DUI cases filed proceed to trial. Trial is the last resort due to risk and cost. You may choose to go to trial in the event the prosecution has not offered an agreeable plea deal, or if a conviction would be unacceptable or especially damaging to your career or personal life.

Remember, there are new bills being enforced when it comes to DUI in Washington. For example, there are always new house and senate bills from our legislature coming out to further strengthened the laws favoring the prosecutors and the police in DUI cases.

Don’t get caught trying to defend yourself or go to court with an inexperienced DUI attorney. Sure, they have to learn on someone when they get out of law school, but do you want them cutting their teeth on your case with your freedom and record etc. at stake? Phil Weinberg has over 30 years of experience and proven winning edge strategies to defend and protect you, your rights and your freedom. Call Phil at (425) 455-4784, or text me at (425) 367-1122. Let me fight for you and your freedom and rights.