WASHINGTON STATE DUI BLOG

Are we headed for a .05 Breath Test Limit in Washington?

Possibly. The National Transportation Safety Board (NTSB) is recommending that the national per se limit of .08 be lowered to .05 in all 50 states. 

"Today, investigators cited research that showed that although impairment begins with the first drink, by 0.05 BAC, most drivers experience a decline in both cognitive and visual functions, which significantly increases the risk of a serious crash. Currently, over 100 countries on six continents have BAC limits set at 0.05 or lower. The NTSB has asked all 50 states to do the same." See complete article:  NTSB May 14, 2013.

Related articles

Feds want states to lower DUI standard to .05

Board pushes to lower legal limit to fight drunk driving

NTSB recommends states lower BAC rate to .05

NTSB pushes lower limit for drunken driving

US Regulators Want To Lower The Driving Blood Alcohol Limit

New laws: 2013 - facial recognition on the ignition interlock device

Starting on January 1, 2013 - if you are required to have an ignition interlock device in your car your photograph will be taken when you attempt to start your vehicle. All new ignition interlock devices will now feature an embedded camera. With the new ignition interlock device, a camera will take two photographs of the driver whenever a breath sample is required: - the device alerts the driver to provide a breath sample - and when the driver is blowing into the interlock device. This law will apply only to new ignition interlock installations and anybody that had a 5 and 10 year ignition interlock requirement. (the latter will have until June, 2013 to update their devices) Obviously, the purpose of the cameras is to prevent others from starting your car for you. 

See more informaton on this new law in stories below: 

Related articles

Say cheese! Photo now part of ignition interlock device

Cameras to help monitor breath of DUI offenders

Photo now part of breath test ignition interlock

Say cheese! Photo now part of ignition interlock device

Watch out for 4-month Ignition Interlock Device "Certification" requirement.

Effective January 1, 2011 a new 4-month certification is required from the ignition interlock device (IID) installer/vendor showing compliance with RCW 46.20.720 for the interlock to be removed.  

The IID restriction will remain in effect until the Department of Licensing (DOL) receives a declaration from the person's IID installer/vendor certifying that there have been none of the following incidents in the four consecutive months prior to the date scheduled for removing the interlock:

      (a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;

        (b) Failure to take or pass any required retest; or

     (c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

 

What are the recent Canadian policy changes concerning DUI's?

Worried about getting into Canada. The Canadian Government has made some changes. See the latest on entering Canada with a DUI, Physical Control or Reckless Driving conviction etc. Canadian Entry 2012. 

Can I get an Ignition Interlock License with an Out-of-State Driver's License?

Not yet. Under current law, you must have had a valid Washington State Driver's License that was suspended or revoked because of a DUI and/or Physical Control conviction or a DUI Administrative Action. (this left residents licensed out-of-state, i.e. students, temporary workers among others with no way to drive during a suspension or revocation period) 

Effective, August 1, 2012, any Washington resident would be eligible to apply for the Ignition Interlock License (IIL) - even if not previously licensed in Washington State or elsewhere. However, the Washington Department of Licensing can still require the driver applying for the IIL - to take any applicable driver's licensing examination/tests and have any other applicable temporary restricted license under RCW 46.20.391.  

Can I get an Ignition Interlock License with a Reckless Driving conviction?

Not yet. Under current law, you can only get an Ignition Interlock License (IIL) with a DUI or  DUI Administrative suspension. However, on August 1, 2012 this changes - so if you are lucky enough to obtain a reduction to Reckless Driving and you previously had or have an IIL from a DUI Administrative suspension you will not have to get the occupational restricted license (ORL) for the 30-day Reckless suspension. (you will also get credit on a day-for-day basis)

Special Series: "2012 DUI Law Changes" - additional $20.00 IID fee?

Effective August 1, 2012, there will be a new ignition interlock (IID) fee added to your monthly payment to the ignition interlock company. (IID is typically $60.00-$80.00 a month) The company will then forward those monies to DOL to be deposited into the IID revolving account. Under current law, you only pay an additional $20.00 monthly if you have the ignition interlock license (IIL). 

Special Series: "2012 DUI Law Changes" - Reckless Driving suspension now credited on a day-to-day basis toward the DUI administrative suspension.

Effective August 1, 2012, if you get a reduction or plea bargain from DUI or Physical Control to Reckless Driving you will now get credit on a day-to-day basis toward any administrative suspension from the same incident. Under current law, you could have two (2) separate suspensions "90 days or more for the administrative" (depending on history) and a "30 day suspension" for reckless driving.

You would then be required to get the ignition interlock license (IIL) for the DOL administrative suspension and the occupational restricted license (ORL) for the reckless driving conviction. Whereas, if you were convicted of DUI - you would get credit and need only the IIL. This legislation fixed this bizarre result and discrepancy.

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 much bad "lane travel" is enough to stop you?

It depends. In  State v. Prado 186 P.3d 1186 (WA 2008) Washington Courts for the very first time took up what it meant to drive “as nearly as practicable" in one’s own lane. The pertinent statute, RCW 46.61.140(1), provides:

 “Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.”

In Prado, Tonelli Prado's car on I-5 crossed an eight-inch white line dividing the James Street exit lane from the adjacent lane by approximately two tire widths for one second. 

The Court held: “Washington State's requirement that automobile drivers remain within a single lane of travel "as nearly as practicable" does not impose strict liability. (my emphasis) A vehicle crossing over a lane once for one second by two tire widths does not, without more, constitute a traffic violation justifying a stop by a police officer.”

I have been able to use Prado to get some great resolutions or dismissals for clients.  The reality is that the trooper or officer must have enough to make that initial contact with you - whatever it may be.

 

Maximum penalty is reduced by 1 day for DUI's in Washington State

In Washington State, the maximum penalty for a DUI or Physical Control conviction (non-felony) is now 364 days in Jail and a $5000 fine. This change in the law from 365 days to 364 became effective July 22, 2011 and was changed to preclude deportation for non US citizens. Unfortunately, some of our judges would not care about the defendant's immigration status. As a result, the Washington State legislature to their credit decided to fix this injustice. (A sentence of 365 days or more can be very problematic for non US citizens.) 

Of course, there are many other serious ramifications (licensing, ignition interlock device, SR-22 insurance, exclusion from Canada  etc.) from a Washington State DUI or Physical Control conviction.  

Will my vehicle be impounded if I am arrested for DUI?

Yes. If you get arrested for DUI or Physical Control anywhere in Washington State, the Police, Sheriff or State Patrol must now impound your vehicle for a mandatory 12- hours. Your vehicle will not be released by the towing company for 12-hours.

Under the new State law that became effective on July 22, 2011 there are three exceptions to the mandatory 12-hour - no release- requirement: (1) If the car is owned by someone other than the person arrested, the owner can reclaim the car at the impound lot; (2) a registered co-owner can claim the car; and (3) commercial and farm vehicles can be reclaimed by the legal owner if it's not the person arrested.