THE DUISEATTLE.COM BLOG

Special Series: "2012 DUI Law Changes" 15-to-1 conversion permitted for EHM.

Effective August 1, 2012, if you have a second, third or subsequent DUI or Physical Control conviction within 7 years and are facing some serious mandatory minimums in EHM (Electronic Home Monitoring, aka house arrest) you now have another option. A change to the DUI laws in 2012 will now allow you to convert that EHM to jail time at a 15-to-1 ratio. The conversion would break down as follows:

• 60 days EHM    =     4 days jail;
• 90 days EHM    =     6 days jail;
• 120 days EHM  =     8 days jail;
• 150 days EHM  =    10 days jail;   

EHM can be expensive and obviously very restrictive. Frankly, many clients prefer just doing the extra days in jail. (with the possibility of 1/3 off for good time) For the most part, I think this is a positive change to the DUI mandatory minimum laws. 

Special Series: "2012 DUI Law Changes" - IID law and new photo requirement:

Effective August 1, 2012, you will be required to have a photo Ignition Interlock Device (IID) installed on all vehicles you drive - if you are required to have a IID by either DOL or the Court. Some Judges already impose this condition - but now it will apply to all IID installations on or after August 1, 2012. Obviously, the objective  is  reasonable enough - precluding others from starting your vehicle for you in order to circumvent the IID.

"When reasonably available in the area, an ignition interlock device must employ technology capable of taking a photo Identification of the user giving the breath sample and recording on the photo the time the breath sample was given." SHB 2443. 

This is another way technology is being used to tighten the screws on Washington State Drivers - even if you have never before been arrested for anything. Remember, you can be required to have the IID without ever being convicted of anything - even if your DUI charges are dismissed.

Special Series: "2012 DUI Law Changes" - DOL Hearing Fee increases to $375.00 on October 1st.

Effective October 1, 2012, the fee for requesting a Washington State Department of Licensing (DOL) Administrative Hearing after a DUI arrest increases to $375.00 - from $200.00. The Civil DOL Administrative Hearing is completely separate from the criminal matter in Court as a result of your DUI arrest.

Special Series: "2012 DUI Law Changes" - Ignition Interlock Device Law and Employer vehicles.

Effective August 1, 2012, a new wrinkle is added to the IID exemption for vehicles that are used by the IID restricted driver and - owned, leased, rented or in the temporary control of the employer. 

"However, when the employer's vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment, the employer exemption does not apply." (my emphasis) RCW 46.20.385. SHB 2443. 

This change to the law appears to preclude the exemption if commuting only. Although, it would appear to create many many grey areas and leave some room for interpretation. 

How many days in advance do I have to subpoena the officer before the DOL Hearing?

Ten (10) days . A subpoena must be properly served ten days prior to the date of the DOL Hearing - excluding weekends and holidays - in order to have full force and effect.  (WAC 308-103-090) 

Outstanding Warrant because of missed court date - what's the next step?

Alot of people miss their scheduled DUI Court appearances for many reasons:

•  The police officer writes down your address wrong; 
•  You did not change your address after moving;
•  You were out of town when the subpoena notice came to your mailbox;
•  You opened your mail late; or 
•  You just weren't ready to deal with it. 

Whatever the reason for the warrant - the thing to remember is that you will probably be arrested if you are stopped by a law enforcment officer. The good news is that most Courts have a warrant quash procedure and weekly calenders where you can appear in person and quash (recall/stop) the warrant. You need to call the Court (or check online the Court's website) that gave you notice and find out what their particular procedure is for quashing warrants.

Most Courts will require your appearance in person to schedule the Court appearance. Some Courts will allow you to quash the warrant at the Court clerks window if it is below a certain amount (i.e. $1000.00) and pay a warrant fee (i.e. $75.00). The key is TO DO SOMETHING - so you don't have this horrible uncertainity over your head. Once you appear at the scheduled Court appearance, most Courts will simply release you on your own PR (personal recognizance) with standard DUI conditions (obviously this depends somewhat on your prior history and the reason for missing the Court date) and set a new Court date. If arraignment was the missed hearing, some Courts will do the DUI arraignment at that time.

What is the ignition interlock device "exemption" for employer vehicles?

In Washington State, if you are required to have an ignition interlock device (IID) installed on all vehicles you drive there is an IID exemption for work vehicles.

There are several scenarios in which this may be helpful:

(1) Court requires an IID as a pre-trial condition of release pending trial; (court somtimes will send notice to DOL of IID requirement - can also ask court to exclude in courts written IID or conditions of release order)

(2) Ignition Interlock License (IIL) required during a DOL administrative or DUI/Physical Control conviction "hard" suspension period;  

(3) IID required after the license suspension period because of a DUI/Physical Control conviction or 2nd et.al Reckless or Negligent Driving conviction within 7 years (i.e. 1, 5, 10 year restriction periods):

(4) IID required during a Deferred Prosecution.

 

To qualify for the IID exemption your employer requires you to drive:

(a) a vehicle;

(b) during working hours and;

(c) the vehicle is owned, leased, rented, or the temporary responsibility of your employer.

See link for DOL form and follow the instructions. IID Employer Declaration. You must carry a copy of this form on your person. 

How many jurors do I get in my DUI trial?

In Washington State you will have six (6) jurors for your DUI trial. Although, while selecting the jury during "voir dire" - you can remove three potential (3) jurors for no reason. These are called peremptory challenges. You also can remove an unlimited number of potential jurors for "cause".  (i.e. bias) However, the Court will have to agree on the latter. 

What qualifies as Felony DUI?

In Washington State - a DUI or Physical Control conviction is a Class C felony punishable  under RCW 9.94A - if you have:

(a) four (4) prior DUI or Physical Control convictions within ten years, or

(b) one (1) prior conviction of Vehicular Homicide or Vehicular Assault, or

(c) a prior Class C felony resulting from (a) or (b).

"Within ten years means that the arrest for the prior offense occurred within ten years before or after the arrest for the current offense." RCW 46.61.5055(14)(c).

What are the DUI conditions of probation that have 30-day mandatory minimums?

(i) Not drive a motor vehicle without a valid license to drive and proof of financial responsibility insurance (SR 22);

(ii) Not drive while having an alcohol concentration of .08 or more within two hours after driving;

(iii) Not refuse to submit to a test of your breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe you were driving or were in actual physical control of a motor vehicle while under the influence of intoxicating liquor.

"Violation of any mandatory condition requires a minimum penalty of 30 days’ confinement, which may not be suspended or deferred, and an additional 30-day license suspension. RCW 46.61.5055(11).  Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL". RCW 46.61.5055.

Some Courts will allow your time to be served as EHD (electronic home detention). Unfortunately, alot of people fail to realize the seriousness of these conditions after sentencing is over. 

Can my attorney "waive" arraignment on my DUI charge?

Unfortunately no. Arraignment in Washington State cannot be waived on DUI or Physical Control charges. You must appear in-person with your attorney. However, if you are unavailable your attorney can always ask for a continuance of the arraignment Court date. 

Is the police report admitted in my DUI case?

No. It is typically used at hearing or trial to refresh the officer's or trooper's recollection of the arrest or incident - but is not per se admissible. However, parts of the report (i.e. breath test document, implied consent warnings and constitutional rights form) may be admitted at hearing or trial. 

You have a right to hear their live in-person testimony and cross-examine/challenge (confront) the officer or trooper's on said version of the facts of your arrest. 

What the latest time that I can enter a deferred prosecution?

You can enter a deferred prosecution on your DUI charge anytime up to 7 days before trial.  Although, there is an exception for a "good cause" delay. 

RCW 10.05.010 (1) states:

..."The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial."

Can I drive outside Washington State with an Ignition Interlock License (IIL)?

Maybe. You will need to check with the DOL or DMV of the State's you will be driving in. See Ignition Interlock License (ILL) language concerning driving outside Washingtion State: 

 

What are some of the things my DUI attorney will investigate?

There is no limit to what things your DUI attorney could investigate. He or she is just limited by their imagination and the facts of your case. This is just a starting point - every case will have it's unique facts.

However, here are some of the things, I would do in DUI or Physical Control cases:

• Interview the officer or trooper and any other witnesses;
• Interview the toxicologist and breath test technician (if case set for trial)
• Visit the scene of the roadside field sobriety tests (FST);
• Visit the location of the driving and stop;
• Review all breath/blood tests records; 
• Review client's medical records; 
• Review service history of client's vehicle; 
• Review client's mental health records/prescriptions;
• Review photographs of breath testing room;
• Review any photographs or videos of the incident;
• Take or obtain photographs of the FST and stop location;
• Map out client's driving;
• Create a time-line for the entire incident;
• Request through a Public Disclosure Request (PDR) the incident report, 911 tapes and patrol vehicle videos. 
• Review police report databases;