State Legislature Working to Overhal Washington State's DUI Laws

In an effort to lower the amount of Driving Under the Influence [DUI] cases in the State of Washington, the State legislature and Governor Insleee have been working to overhaul Washington State's DUI laws. If history tells us anything, it's that Washington State is no stranger to amending its DUI laws. Over the last couple decades the legislature has caused sweeping changes to state law to require the installation of ignition interlock devices for those convicted of DUI, impose license suspensions, and toughen mandatory minimum jail and fines in the event of conviction.

Per an article appearing in the Seattle Times, some of the proposals include:

[1] Making it a mandatory condition of arrest that a person must remain in jail until seeing a judge if the person has previously been convicted of DUI. Currently, many people booked on DUIs are released and given a summons for a court date. For some jurisdictions in Washington, it is not uncommon to see a person released on their promise to appear and brought back to court for arraignment several months after the date of arrest.

[2] Lowering the number of prior convictions necessary to charge a suspect with a felony DUI. Currently, state law states a person charged with a DUI when there have been four or more convictions within a ten year span can be charged with a Class C felony instead of a gross misdemeanor. Whereas a gross misdemeanor has a maximum possible sentence up to 364 days in jail and a fine of $5,000, a Class C felony can carry a sentence up to five years in prison and a fine of $10,000.

[3] Increasing instances in which a person would have to install an ignition interlock device. An ignition interlock device is a mechanical device which, when installed in a motor vehicle, measures a person's alcohol content in their breath before a vehicle can be started. Currently, many courts will require the installation of an ignition interlock device when a person is charged with a DUI as a condition of pre-trial release. Additionally, a person whose license has been suspended due to a pending DUI or conviction may be able to get a restricted license if the person provides proof of installing ignition interlock devices along with other conditions.

[4] Increasing the penalties for second and third offense DUIs with an emphasis on encouraging compliance on chemical dependency treatment. Currently, the standard mandatory minimums for a second offense DUI within seven years run between 30 to 45 days in jail [plus electronic home detention].

If you or a loved one is facing a DUI charge and you are unsure how these proposed changes in the law could affect you, please contact one of our qualified and trained professionals to set up a free consultation today.