My sister was accused of DUI here in Washington and her DUI lawyer is in the process of reviewing her case. I heard that she was not read his Miranda rights during the arrest or something. What will happen to her DUI case now, will it be dismissed?

Elias

Spokane, WA

Unfortunately, your sister’s DUI case in Spokane, Washington would not be dismissed if she was not read her Miranda rights. The Miranda warnings should be given if the person accused for DUI is already under “custodial interrogation.” If the person is under custody, he/she will not be free to leave or terminate the investigation. Interrogation would be the direct questions or their functional equivalent designed to elicit incriminating information.

While there is no debate that the questions that are asked by the police officer are an ‘interrogation,’ it has been decided by the courts that most of the questions directed to the DUI suspects are asked before the person is in custody for the purposes of Miranda. In other words, in most DUI cases, there is no legal obligation for the officer to advise the DUI suspect of his/her rights. If there is a Miranda violation, it would merely result in the suppression of statements that are obtained as the result of the violation.

I was arrested for DUI in Washington and I am just waiting for my first court date. I wanna be prepared and all and I have already talked to my lawyer regarding the defenses that we will use. What I need to know now is where will my court hearings take place?

Trevor

Spokane, WA

When you are arrested for DUI in Spokane, Washington, your case will be heard in a particular court. The specific court your case is docketed in depends on some factors including which police agency arrested you and how many DUI convictions you have. If this is your first or second DUI charge, the case is still a misdemeanor and your case will be in either a municipal or district court of the county where you were arrested. Your case is a felony if you have three DUI convictions and you will be scheduled for a preliminary hearing in the District Court of the county where you were arrested. Depending on how you were charged, a DUI felony conviction may also be heard originally in the Circuit Court of the county you were arrested.

Your case will be heard in the municipal court of Spokane if you are arrested for a DUI in a municipality by a municipal police officer if Spokane has a municipal court. Municipal courts and district courts have no power to hear DUI felony cases. However, a district court can have preliminary hearings in DUI felony cases.

Now, you won’t be entitled to free representation in all DUI cases. Typically it’s just felony cases and quite a few misdemeanor cases that have this privilege. Even so, there are many legal aid non profits which can help you find low cost lawyers or payment plans.

Publicly appointed lawyers have a stigma associated with them that, since they work for the government, they are low quality and are likely to lose. While these stereotypes may prove true for some, in the majority of the cases of lawyers they are very good at representing people in a court of law and especially since they have an experience working right in there,