YOUR COMMUNITY RESOURCE FOR DUI DEFENSE: WASHINGTON STATE DUI BLOG

Can I be stopped for failing to pull over for emergency vehicles?

Yes. In Washington State failing to pull-over for emergency vehicles is a traffic infraction. However, you do not want to give law enforcement a reason to stop you. Alot of these seemingly trivial traffic stops turn into DUI or Physical Control arrests. A traffic infraction is a traffic infraction - no matter how trivial it appears. Pay special attention to the new "emergency zone" 200 feet before or after.

RCW 46.61.212 (1) The driver of any motor vehicle, upon approaching an emergency zone, which is defined as the adjacent lanes of the roadway two hundred feet before and after (a) a stationary authorized emergency vehicle that is making use of audible and/or visual signals meeting the requirements of RCW 46.37.190, (b) a tow truck that is making use of visual red lights meeting the requirements of RCW 46.37.196, (c) other vehicles providing roadside assistance that are making use of warning lights with three hundred sixty degree visibility, or (d) a police vehicle properly and lawfully displaying a flashing, blinking, or alternating emergency light or lights, shall:

     (i) On a highway having four or more lanes, at least two of which are intended for traffic proceeding in the same direction as the approaching vehicle, proceed with caution and, if reasonable, with due regard for safety and traffic conditions, yield the right-of-way by making a lane change or moving away from the lane or shoulder occupied by the stationary authorized emergency vehicle or police vehicle; 

     (ii) On a highway having less than four lanes, proceed with caution, reduce the speed of the vehicle, and, if reasonable, with due regard for safety and traffic conditions, and under the rules of this chapter, yield the right-of-way by passing to the left at a safe distance and simultaneously yield the right-of-way to all vehicles traveling in the proper direction upon the highway; or

     (iii) If changing lanes or moving away would be unreasonable or unsafe, proceed with due caution and reduce the speed of the vehicle.

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: 

 

Can I be charged with a DUI if my breath test is less than .08?

You bet. In Washington it is either a breath test reading of .08 and higher or "under the influence of" or "affected by" alcohol or drugs or a combination thereof. I have had cases where my clients had breath test test readings of .02, .03, .04, .05, .06 and .07. Washington is essentially a "zero" tolerance state. 

How can I look up my criminal record?

The Washington State Patrol website allows you to look up your criminal history and records.  This is for Washington State convictions only. See Look-up my Washington Criminal Records. The cost is  $10.00 and you will need a credit or debit card.

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.

 

How many days do I have to request a DOL Hearing after my DUI arrest?

You have only - 20 days - from the date of your arrest for DUI or Physical Control in Washington State to request a Department of Licensing (DOL) Hearing. If you do nothing your license will be suspended - 60 days - from the date of your arrest. I favor mailing the Hearing request to the DOL with the $200.00 fee and getting proof of mailing from the post office. This gives the DOL the opportunity to make a mistake in it's handling of the hearing request. (slim odds but you never know) See following links for requesting a Washington State Department of Licensing Hearing and follow instructions: 

 Online DOL Hearing Request  (Processes Hearing Request On-line with a Credit or Debit Card)

Mailing DOL Hearing Request  (Physically Mail Hearing Request with $200.00 Fee or Fee Waiver)

Can I look-up my license status on-line in real time?

Yes. The Washington State Department of Licensing allows you to look-up your license status on-line in real time. You can always find out if your driver's license is valid by accessing this site. Look-up License Status