Learn the latest changes in DUI law and outcomes of cases around the state.
Recent Vehicular Homicide Case Declared a Mistrial
In vehicular homicide cases the jury need not agree that the person was DUI or Reckless as long as all 12 agree that it was one or the other. They also must decide beyond a reasonable doubt that the defendant was the proximate cause of death. In this case, the jury did not agree the driver was the proximate case of death.Read more →
WA Supreme Court Reverses "No Signal Required" Verdict
A dismissed a DUI case based upon a stop predicated upon a driver’s failure to activate a signal once in a designated turn lane was overturned by the WA State Supreme Court.Read more →
Hailey's Law Declared Unconstitutional
This week, the week of October 17, 2019, the Washington Supreme Court Declared the Mandatory Impound Law, After a DUI arrest Unconstitutional. The law is popularly known as Hailey’s Law.Read more →
Monumental change for DUI Arrested Drivers Effective January 1, 2019
Effective January 1, 2019, those arrested for DUI or Physical Control will only have seven (7) days to request a hearing with the Department of Licensing (DoL).Read more →
Interlock Devices — a Violation of Distracted Driving & New Electronic Device Laws?
Is A Department Of Licensing Required, or Court Ordered, Interlock Device A Violation Of Washington State Laws Regarding "Distracted Driving," Or The Newest "Electronic" Device Law?Read more →
July 2017 WA State DUI Law Implementations
July 2017 saw the implementation of changes to Washington State DUI laws, the most significant being a 4th charge in 10 years is now considered a felony.Read more →
DUI/ Impaired Driving Law Changes in the 2017 Regular Session
On July 23rd, extensive changes to WA State's DUI laws go into effect with the newly signed House Bill 1614. Learn what's been modified and how it might affect you and your case.Read more →
Long Awaited DUI Ruling Fails to Get it Right
At the conclusion of 2016, the Washington State Supreme Court finally released what can be described as one of the most anticipated and important rulings in Washington DUI since the early 1960's. The ruling was to decide whether public safety was more important than the individual rights of a Washington State citizen accused of DUI.Read more →
The Refusal of a Breath Test is Under Review: 4th Amendment Right or Criminal Action?
This past week, oral arguments at the United States Supreme Court were held on one of the most important issues in DUI law to date: Is refusing to provide a breath sample a separate criminal offense within a DUI charge?Read more →
DUI Legislation 2016
New DUI Laws are once again afoot. The DUI landscape is constantly changing, whether they be complete overhauls or subtle tweaks, there is not a year that goes by without DUI law amendments. This year there are 3 significant changes.Read more →
2014 DUI Laws Year in Review
2015! I’m a few days date in terms of discussing the New Year and the year in review but better late than never. Time is always of the essence because it feels like you need more, to finish that project or just make it to work on some days. Likewise it takes time to blog and write about the things that matter in my world. With that I will state that it is my new year’s goal to tell you all more about the rule of the law in the DUI world on a more regular basis. So with that promise and with no further delay let me review the busy world of DUI law that was 2014.Read more →
Holiday Emphasis Patrol And New Year Begins With A Warning To “Drive Sober Or Get Pulled Over.”
It is 2013! Happy New year, and with the new year comes a new anti-DUI slogan of “Drive Sober Or Get Pulled Over,” and I am here to tell you that the “best DUI defense is to not Drink & Drive.” But how about 1 drink and then drive? After all, 1 drink won’t impact sobriety, right? 2 Drinks? The law is .08 so are you not sober at .08? Otherwise, what is the point of the .08 limit? My...Read more →
New Marijuana Law Legalizes But Also Criminalizes.
The New Approach to marijuana use has begun, and December 6, 2012 is the commencement of the legalization of one behavior and the criminalization of another. Specifically, there is a brand new approach to the previously non-existent drug limit in terms of DUI. The new law creates a threshold limit for DUI-Drugs, specifically Marijuana. The concept of DUI by way of drugs is nothing new in the DUI world, but, now there is a THC threshold limit. However, this new...Read more →
DUI Conviction Mandatory Breath Test Fee Increased To 200.00. Ever Wonder Where The Money Goes?
Until recently, the fine for a person who is convicted of a DUI, or crime reduced from DUI were all required to pay 125.00; traditionally this is called the “Breath Test” Fee. This fee is assessed regardless of whether a person actually provided a sample, or refused the test as they are statutorily permitted to do. Upon conviction, when fees and fines for the crime, regardless of whether it was reduced, were all totaled it came to $866.00 for a...Read more →
Washington D.U.I Arrest Now Gets Mandatory Vehicle “Lock-Up!”
Unlike your driver’s license, which may not be suspended, revoked, or otherwise “lost” when you are arrested for a DUI, your car is not so lucky as of July 22, 2011.An Arrest for DUI (RCW 46.61.506)Read more →
Can I Get A DUI Riding An Off-Road Vehicle (ORV) On Private Property?
A person may be charged for a variety of things, but the better question is whether a person can be “lawfully” charged and can the charge be lawfully proven? Like many questions of law, the answerRead more →
Ever Wonder What Would Happen If DUI .08 Was Lowered?
There is no need to wonder, as this exact scenario is taking place just a little north of the city of Bellingham, Whatcom County in the Canadian Province of British Columbia (BC). From all accounts, the lowering of the limit is a complete and total disaster. This sentiment is not from the expected opponents of the law, but rather those charged with enforcing the new law — the police.Read more →
A Violation Of Mandatory DUI Penalty Has Even More Mandatory Punishment.
A DUI or Physical Control conviction requires the Judge to impose a very specific sentence. This sentence is set by the legislature and the judge can go no lower than what is proscribed by statute. What many people do not know is that within these mandatory DUI penalties there are more mandatory penalties for a violation of certain sentence conditions. This "new" DUI Mandatory Sentence will require the court to impose additional conditions of sentence or probation.Read more →
Will Whatcom County Get A New Breath Test Machine To Prosecute DUI?
New Legislation in the form of House Bill 2465 is Titled “BREATH TEST INSTRUMENTS-RESULTS — ADMISSIBILITY” and it becomes effective this summer, June 10, 2010. The legislation affects the current statute RCW 46.61.506 which is the law that plays a role in determining whether a breath test will be admitted into evidence in a DUI trial and a civil Department of Licensing hearing. The actual change in the law appears fairly minor. These important changes are underlined: Prior to the start of...Read more →
Do New BC DUI Laws Violate Rights?
Given the fact that Whatcom County is on the BC/Canada border, BC’s new DUI penalties should be of some interest to Whatcom County citizens. Regardless of how you feel about DUI, the rights of citizens should never succumb to the zeal of interests groups. These new laws have that appearance. The new “laws” are not really laws, but rather administrative sanctions that are imposed on the roadside without judge, jury, or representation. The introduction of BC’s new administrative procedures is...Read more →
Can You Be Prosecuted For Under .08? – YES
Washington State has done a good job of publicizing that if you drive at .08 or higher, you will be prosecuted. The State Patrol’s “Drive Hammered, Get Nailed,” “Over the limit, Under Arrest,” “Buzzed Driving Is Drunk Driving,” and “Nighttime seat belt,” campaigns, are all very effective in putting the dangers and consequences of drunk driving in the minds of Washington drivers. So, knowing this, you have one glass of wine with dinner or maybe a cocktail after work or a...Read more →