Washington Legislature ready to enact nations strictest DUI laws...

King5.com reported today:

OLYMPIA, Wash. -- Drunk driving laws are changing in Washington state after two high-profile, deadly crashes involving suspected drunk drivers in King County.

Governor Jay Inslee, D-Washington, announced a new package of driving under the influence laws has bipartisan support in Olympia.
“Every accident and every death we see involving a DUI could have been prevented,” Inslee said in a release. “People who choose to get behind the wheel must know that we are done giving them a free pass.”

The proposed legislation would result in several penalty changes.

Police would have to arrest and take the driver into custody after a first DUI offense, according to the Governor’s office. After a second offense, drivers would have to choose between treatment or a mandatory six months in jail.

Drivers convicted of a third DUI would get at least a one-year prison sentence. In addition, a three-time offender will be issues a new driver's license that would prevent them from buying alcohol for 10 years.

Frank Blair, whose daughter was killed by a DUI driver in 2010, said he was pleased with the proposed laws.
"It sends a message, we have to stop this, it's not ok," said Blair.

Judy and Dennis Schulte were run over March 25 by a suspected drunk driver, Mark Mullan, in Northeast Seattle. Mullan is also accused of seriously injuring the Schulte’s daughter and infant granddaughter. He had several prior DUI convictions.

Morgan Williams was killed April 4 by an alleged drunk driver going the wrong way on Highway 520. The driver in that crash, Michael Robertson, was awaiting trial on another DUI charge.

Nate Webb says: These would be the strictest DUI laws in the nation! No one condones drunk driving, but six months in jail or treatment (that is a change from 30 or 45 days to 180 days)! Also, booking everyone arrested for a first offense DUI is ridiculous. I have many clients who are charged yet their cases are never filed, or believe it or not, they are subsequently found not guilty or have their cases dismissed, this is draconian. What the legislature is saying is that even though there is .08 threshold, and it is actually not illegal to have a couple of drinks and drive, if some cop wants to book you regardless of your breath test you are SOL. My colleagues can attest to having clients charged with DUI even when their breath tests are below the legal limit! So even though you were found not guilty or had the case dismissed, you were placed in jail for no good reason. Is that due process, I think not.  This is simply guilty until proven innocent.  Remember, judges, cops, legislators, Supreme Court Justices have all been arrested for DUI in this state and not all were convicted, so is this proposal really justified! 

New Washington State DUI Laws went into effect on September 28th...

In an effort to further scrutinize the offense of DUI and to make it equivalent to a more heinous offense (felony) than it is (I'm not talking about Vehicular Homicide or Vehicular Assault), the legislature has once again instituted further penalties for offenders. 

Some of the highlights include:
(1) holding second time offenders in jail until they are able to appear in front of a judge for the setting of conditions of release,
(2) requiring the installation of an ignition interlock device for repeat offenders within five days of arrest (even if they are subsequently acquitted or the case dismissed),
(3) while still allowing persons to apply for an ignition interlock device so that they may drive for employment purposes if their license is lost administratively, those individuals who qualified for an employer-waiver exemption (that is, the employee didn't have to install a device on their employer owned vehicle driven during employment for employment purposes only) are now required to wait for a period of time (30 days for a first offender and one year for second and above offenses) before the waiver can be utilized, thus requiring their dismissal from that position and loss their job, security, inability to pay their mortgage, etc.  Does any other charge require these restrictive means?  The answer is a resounding no! 

No one condones DUI, but when the legislature takes it upon themselves to strike down all due process and constitutional defenses for those accused, something is amiss.  A person charged with assaulting their spouse/girlfriend/boyfriend on numerous occasions and causing severe injury will face less scrutiny than a first time DUI offender! 

If you have been charged with a DUI, call Nate at the Webb Law Firm (425) 398-4323.