A driving-under-the-influence charge in Washington is a criminal case, not the kind of traffic infraction covered in how Washington traffic tickets and hearings work. It moves through the courts on a separate track that begins with an arraignment. This article explains what an arraignment is, when and where it happens, the plea a defendant enters, and the conditions of release a judge can impose.
What a Washington DUI arraignment is
An arraignment is the first formal hearing in a criminal case. For a DUI, it is where the court states the charge, confirms the defendant has received the charging document, advises them of their constitutional rights, and takes an initial plea.
Under RCW 46.61.502, a person commits DUI by driving with an alcohol concentration of 0.08 or higher within two hours of driving, or while under the influence of alcohol, cannabis, or any drug. A standard first-offense DUI is a gross misdemeanor.
The arraignment is not a trial. The judge does not hear witnesses, weigh the breath or blood test, or decide guilt. Those questions are resolved later, if the case does not end in a plea agreement first.
When and where the arraignment happens
Most DUI charges are filed in a court of limited jurisdiction, meaning a county district court or a city municipal court, because a first offense is a misdemeanor rather than a felony. King County District Court, for example, hears criminal cases at courthouses across the county.
Timing depends on custody. A defendant held in jail after arrest is arraigned promptly, because the court must review the basis for continued detention without unnecessary delay under CrRLJ 3.2.1. A defendant released after booking usually receives a citation or summons listing an arraignment date to appear later. The arraignment itself follows CrRLJ 4.1, the rule that governs arraignments in these courts.
The DUI charge read at arraignment
At the arraignment the court identifies the charge and confirms the defendant knows what they are accused of. The charge carries the penalty range in RCW 46.61.5055.
For a first offense, with no prior offense within seven years and a test result below 0.15, that statute sets a mandatory minimum of 24 consecutive hours in jail and a fine of at least $350, against a maximum of 364 days in jail and a $5,000 fine. If the test result was 0.15 or higher, or the driver refused a breath or blood test, the mandatory minimum jail time is 48 consecutive hours and the minimum fine rises to $500.
Entering a plea
After the charge is stated, the defendant enters a plea. The standard options are not guilty, guilty, and not guilty by reason of insanity. Most defendants plead not guilty at arraignment, which preserves the right to a trial and the right to review the state’s evidence before deciding how to proceed.
The court advises rights
The judge explains the right to remain silent, the right to a lawyer, and the right to a trial. A defendant who cannot afford an attorney can ask the court to appoint a public defender.
The charge is identified
The court confirms the defendant has the charging document and understands the DUI charge filed against them.
A plea is entered
The defendant pleads not guilty, guilty, or not guilty by reason of insanity. A not-guilty plea moves the case toward pretrial hearings.
Release conditions are set
The judge decides the conditions under which the defendant stays out of custody while the case is pending, including any ignition interlock requirement.
Conditions of release the court can set
Once a plea is entered, the judge sets the terms under which the defendant remains free before trial. For DUI charges, RCW 10.21.055 directs the court to impose specific conditions when there is probable cause to believe the person was driving under the influence.
That statute requires an ignition interlock device on every vehicle the person operates, with proof of installation filed with the court within five business days, and it allows the court to require alcohol or drug monitoring in place of the device where a program is available. The judge can also set bail, order the defendant not to drink alcohol or use non-prescribed drugs, and require 24/7 sobriety monitoring. When the court imposes an interlock condition, it notifies the Department of Licensing.
What happens after the arraignment
The arraignment ends with a plea recorded and release conditions in place. The case then moves to pretrial hearings, where the defense reviews the evidence, the sides discuss resolution, and any motions are argued.
A separate administrative process runs alongside the criminal case. The Department of Licensing can act against a driver’s license based on the arrest itself, independent of what happens in court. The penalties that apply on conviction, including jail, fines, license action, and the interlock requirement, are laid out in the penalties for a first-offense Washington DUI. Drivers who hold a commercial license face added consequences described in Washington’s stricter CDL ticket rules.
Frequently asked questions
Do I have to attend my DUI arraignment?
Yes. Attendance is required for a criminal charge. A defendant who does not appear at a scheduled arraignment risks having the court issue a bench warrant for their arrest and may face additional release conditions.
Can I have a lawyer at the arraignment?
Yes. The right to counsel applies at arraignment. The court advises defendants of that right, and a defendant who cannot afford a private attorney can request a court-appointed public defender. Eligibility is based on income and is assessed by the court.
What is the difference between the criminal case and my license suspension?
They are two separate matters. The arraignment begins the criminal case in district or municipal court. The Department of Licensing runs a separate administrative process that can suspend driving privileges based on the arrest, and it proceeds on its own timeline whether or not the criminal charge results in a conviction.
Does pleading not guilty mean my case goes to trial?
Not necessarily. A not-guilty plea at arraignment preserves the right to a trial, but many DUI cases are resolved before trial through motions, negotiated pleas, or dismissal. The plea entered at arraignment can be changed later with the court’s permission.
Can a DUI arraignment be held by video?
Often, yes. Many Washington district and municipal courts conduct arraignments and other early hearings by video or telephone, particularly for defendants who are in custody. The court or its website lists how appearances are handled at a given location.