Can I get a different Judge for my DUI case?

Yes. An Affidavit of Prejudice is a Washington State legal procedure that permits you to remove the Judge hearing your DUI case. In 2015, it is becoming more common to have your case assigned to a specific courtroom and Judge. (This is definitely what is happening in King County.) It is the one (1) opportunity you get per case to change the Judge who hears your DUI case. In other words, you can remove the Judge if you do not believe he or she can be fair or impartial in deciding your case. A party (prosecutor or defendant) files an affidavit with the Court alleging that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge or for other grounds provided by law.

Typically, an affidavit of prejudice must be filed within ten (10) days of arraignment or when the Judge is assigned to your case. The Judge must not have made any discretionary rulings in your case. That is why it is extremely important to have an experienced DUI attorney. Obviously, only attorneys who regularly appear in the DUI courts can know the Judges and when you should exercise the affidavit, if at all. It should not be used in every case.

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