by: Brett Nagle, DUI Attorney Mill Creek
If you have been stopped and arrested for DUI in Mill Creek, Washington, several possible courts await you. For general DUI information including potential penalties and Department of Licensing information, see my general DUI information page here.
Three law enforcement agencies enforce DUIs in Mill Creek: (1) Washington State Patrol (WSP); (2), Snohomish County Sheriff; and, (3) Mill Creek Police Department. Although WSP has statewide jurisdiction, troopers typically patrol state highways. Several state highways intersect Mill Creek, including SR-527 (Bothell-Everett Highway) and SR 96 (132nd Street SE).
Washington State Patrol troopers refer DUI cases in Mill Creek to the Snohomish County Prosecutor’s office. Mill Creek Police patrol within city limits. The Mill Creek Police Department is located at 15728 Main Street Mill Creek, WA 98012. City of Mill Creek cases are referred to a private prosecutor with offices in Edmonds. The Snohomish County Sheriff also has a precinct in Mill Creek, located at 15928 Mill Creek Boulevard Mill Creek, WA 98012. Like WSP, the City of Mill Creek also refers DUI cases to the Snohomish County Prosecutor’s office. Most DUI arrests in Mill Creek are referred to Snohomish County District Court, South Division.
After your arrest, the trooper or Mill Creek Police Officer who stopped you will write up a report and refer it to the appropriate prosecutor’s office for review. The DPA will make a charging decision. Assuming you are charged with DUI, the DPA will refer the case to court for filing. Once the court receives the filing, the court will mail you a summons and complaint to appear in court for arraignment. You should contact a qualified Mill Creek DUI attorney prior to your arraignment to discuss your options.
Snohomish County District Court, South Division, is located at: 20520 68th Ave West Lynnwood, WA 98036-7406 This is just west of Highway 99 between Edmonds Community College and the main Lynnwood Post Office. South Division is Snohomish County’s busiest district court, with three elected judges hearing cases.
Snohomish County Superior Court 3000 Rockefeller Avenue Everett, WA 98201 The third and most serious possibility for someone arrested for DWI/DUI in Mill Creek is referral into Snohomish County Superior Court. Superior Court in Everett handles felonies. An example of a felony arising from a DUI arrest is vehicular assault or vehicular manslaughter. If you injured or killed someone while driving under the influence in Mill Creek, you probably earned a ticket to superior court in Everett. Another example occurs if you have multiple prior DUI convictions and the state is going to pursue a felony DUI. If you are held in Snohomish County Jail following your arrest, the state has 72 hours to file an affidavit of probable cause telling the judge why you should be held on the charge. If you are released, the state has years (statute of limitations) to decide whether to charge you with a felony.
If this information applies to you or a loved one, turn away from the computer and call an experienced Everett DUI lawyer right away. Before ending my career as a prosecutor in Snohomish County, I handled hundreds of felony cases in Everett’s Snohomish County Superior Court. If this information applies to you, we have a lot of work to do.
Prior offenses and ignition interlock: If you have been arrested for DUI and your record shows a “prior offense,” judges in Washington must require you to install ignition interlock on any vehicle you drive. A “prior offense” is any charge that was originally charged as DUI, even if that charge was reduced to reckless or negligent driving. This condition will be ordered as a condition of your release at arraignment, which is typically your first appearance in court. Other mandatory conditions of release also apply. Whether or not you have a prior offense, you should consult an attorney prior to arraignment so you can be prepared to address conditions of release.