Understanding DUI Conditions of Release

Facing a DUI charge in Washington State comes with significant challenges, including the imposition of pretrial conditions of release (CORs). These conditions are not suggestions—they are legally binding rules designed to ensure public safety and your compliance with the judicial process.

Violating these conditions can lead to harsher penalties, increased restrictions, or even jail time. Here’s what you need to know about DUI-specific conditions of release, how they’re determined, and the consequences of violating them.

questioned by police

What Are Conditions of Release?

Conditions of release are restrictions imposed by the court at the arraignment - the first formal court appearance following a DUI arrest. They are meant to:

  • Minimize the risk of reoffending.
  • Ensure that you appear for all scheduled court hearings.
  • Protect public safety.

Conditions can range from general requirements, such as no new criminal violations, to DUI-specific measures like alcohol monitoring or the installation of an ignition interlock device.

Common DUI Conditions of Release

The court may impose the following DUI-specific CORs:

  • Ignition Interlock Device (IID): You may be required to install an IID in any vehicle you operate. This device prevents the car from starting if it detects alcohol on your breath.
  • Alcohol Monitoring Devices: Courts may mandate that you wear an alcohol monitoring ankle bracelet (e.g., SCRAM) to track your sobriety continuously. Costs for these devices are typically the defendant's responsibility.
  • House Arrest or Electronic Home Monitoring (EHM): You could be placed on house arrest, requiring you to wear an ankle bracelet to ensure compliance with restrictions on your movements.
  • Abstinence from Alcohol or Drugs: Courts usually prohibit consuming alcohol or non-prescribed mood-altering substances while on release.
  • Breath or Blood Testing: You may be required to submit to random breath or blood tests to confirm sobriety.
  • No New Criminal Violations: Any new charges could lead to immediate incarceration and additional penalties for your existing case.
  • Travel Restrictions: You may be prohibited from leaving the state or your local jurisdiction without prior court approval.

How Are Conditions of Release Determined?

During the arraignment, the judge considers several factors to determine the appropriate conditions:

  • Your criminal history, including prior DUI convictions.
  • Your ties to the community (e.g., family, employment, or property ownership).
  • Your blood alcohol content (BAC) level at the time of arrest or refusal to take a test.
  • Aggravating circumstances, such as causing an accident or having passengers, especially minors.
  • Your willingness to comply with restrictions, such as obtaining alcohol treatment or installing an IID.

Courts in areas like Seattle or Tacoma often impose stricter conditions than others, so it’s essential to understand the practices of the specific court handling your case.

What Happens If You Violate DUI Conditions of Release?

Violating conditions of release can lead to severe consequences, including:

  1. Immediate Sanctions: Remand into jail.
  2. Additional Charges: Violations may result in new criminal charges, compounding your legal troubles.
  3. Warrant for Arrest: The court may issue an immediate warrant for your arrest if the violation poses a significant risk to public safety.
  4. Stricter Conditions: You may face increased restrictions, such as mandatory alcohol monitoring or a higher bail amount.
  5. Sentencing: violations may be used against you in calculating a sentence.

At a violation hearing, the court evaluates:

  • The nature and severity of the violation.
  • Whether the violation was intentional or grossly negligent.
  • Your ability and willingness to comply with the conditions.
  • The risk you pose to the public if allowed to remain on release.

How Knauss Law Advocates for You

At Knauss Law, we understand that DUI charges and their accompanying conditions of release can feel overwhelming and punitive, especially before a conviction. Our approach is centered on reminding the court of the fact that you are presumed innocent. When it comes to specific conditions our defense strategies focus on:

  • Minimizing Restrictions: We advocate for the least restrictive conditions possible, emphasizing your ties to the community, employment, and efforts to address underlying issues (e.g., substance abuse treatment).
  • Protecting Your Freedom: If you’re accused of violating conditions, we’ll challenge the state’s evidence, arguing for leniency and ensuring your side of the story is heard.
  • Proactive Defense: From arraignment through trial, we work tirelessly to resolve your case favorably, whether through dismissal, reduced charges, or alternative sentencing.

Take the First Step Today

A DUI charge doesn’t have to derail your life but acting quickly and wisely is critical. The earlier we begin building your defense, the better positioned we are to mitigate the consequences you face.

Contact Knauss Law today to discuss your case, your rights, and the best way forward. Let us help you navigate the complexities of DUI conditions of release with confidence and clarity.