Most DUI cases follow a predictable process, but the outcome depends heavily on how the case is handled early.

1. Arrest and Release

After being booked into Whatcom County jail some will be realized once their alcohol content goes down, often within 12 hours. In some situations, the jail will hold the person until they can be seen by a judge to impose release conditions and sometimes bail. 

Following the first appearance in court, a judge will often order conditions to abide by while the case is pending. These conditions commonly include: (1) Do no drive without a valid license, (2) no drugs or alcohol unless prescribed by a doctor, (3) do not go to bars or any business where the primary purpose is the same of alcohol, and (4) obey all laws. 

Where an individual has a prior DUI related offense, release conditions typically include: (1) pretrial monitoring by the Whatcom County Probation Department as well as UA’s, and (2) requirement to install an ignition interlock on their vehicle) 

2. License Suspension (DOL Hearing)

The Department of Licensing can suspend your license separate from your criminal case. You have 7 days to request a hearing—missing this deadline can mean automatic suspension. You can request this hearing online at DOL’s website. 

The length of the suspension you are looking at depends on your priors and whether you took a breath test or refused to do a breath test at the police station. For first time offenders who took a breath test, then suspension period is typically 90 days. 

3. Arraignment

Your first court appearance is typically in Whatcom County District Court (most DUI cases) or, a municipal court such as Bellingham Municipal Court, and in some circumstances, Whatcom County Superior Court. They will usually conduct an arraignment and accept a not guilty plea at this initial hearing. The court will then set a new hearing date usually around 4-8 weeks out to check on the status of your case. 

4. Pretrial + Motions

After we are retained to handle your case, we file a notice of appearance and demand for discovery with the court and prosecuting attorney. This triggers to prosecutor to provide us with a copy of the evidence to reviewed. This often includes officer body camera footage, police reports, photos, etc. Once discovery is received, we schedule a meeting for you to review the evidence together with your attorney. At that point we plan a strategy and provide you with advice on things you can do to aid with negotiations of the case. The evidence is also reviewed for potential challenges of evidence to bring to the court or to the prosecution to aid with negotiations.

5. Trial (if necessary)

If a fair resolution isn’t offered, the case can proceed to trial. Our role is to provide you with the best options and let you decide whether you want to resolve the case by an agreement with the prosecutor or proceed to trial. 

Even a first DUI can carry serious consequences, including:

• Mandatory jail time or electronic home monitoring

• License suspension

• Significant fines and court costs

• Ignition interlock device requirement

Penalties increase with prior offenses, higher BAC levels, or refusal of testing.

DUI cases are highly fact-specific. Issues that often impact the outcome include:

• Whether the traffic stop was lawful

• How field sobriety tests were administered

• Accuracy and timing of breath or blood tests

• Whether proper procedures were followed

• Statements made during the stop

These issues are not minor—they are often the key to reducing or defeating a charge.

In some cases, yes.

Outcomes in Whatcom County depend on:

• The strength of the evidence

• Any legal or procedural issues

• Prior history

Some cases may be reduced (for example, to negligent driving), while others may be challenged more aggressively. The earlier a defense strategy is developed, the more options are available.

If you’ve been arrested for DUI in Bellingham:

• Act quickly. You have 7 days to decide and submit a hearing request form and fee to DOL

• Follow all release conditions

• Avoid discussing your case with others

• Speak with a defense attorney as soon as possible

DUI cases are handled locally, and familiarity with the courts and prosecutors makes a difference. Beschen Law PLLC represents clients in:

• Whatcom County District Court

• Whatcom County Superior Court

• Bellingham Municipal Court

• Blaine Municipal Court,

• Skagit District Court,

• Lynden Municipal Court,

• Mount Vernon Municipal Court,

• Burlington Municipal Court.

We offer free consultations to those charged with DUI. Call our office to schedule a time to meet with a lawyer.