DUI Washington Blog

Washington state’s Supreme Court declared sobriety checkpoints unconstitutional in 1988, but this hasn’t stopped Gov. Christine Gregoire from asking the state Legislature to authorize police to start setting them up. She is asking residents of the state to trade away some of their driving rights in exchange for what she claims would make them “team players” in Washington’s fight to save lives.  This piece of legislation fortunately died on the way to her desk, preserving some of the rights under Washington’s State Constitution.

U.S. Supreme Court has upheld DUI checkpoints.

Washington state is one of only 11 states that still protects motorists from being pulled over if there is no suspicion of DUI. The state is listed as #40 on a report card Mothers Against Drunk Driving (MADD) issued in November 2009. MADD bases its rankings upon the percent of 2006 driving fatalities that involved a drunk driver in Washington.

Would DUI sobriety checks be good for Washington state?

Sobriety checkpoints do more than deter drunken driving. They become dragnets for catching many other driving offenses. California reports that its checkpoints help them catch everything from unlicensed drivers and cars not covered by insurance to undocumented immigrants. Vehicles are impounded regularly.

But critics in that state point to the fact that more than half of the cars impounded are never claimed. Their owners just can’t afford to do so. Typical costs for towing and impoundment run up to $1200 to $4000.

Hidden DUI agenda?

Impound fees are a lucrative source of income for a city budget. Oxnard, CA raked $600,000 into their general fund in 2009 not including the impound fees generated by using checkpoints. Could city’s like Seattle, Tacoma, Olympia and Vancouver embrace a practice that strips drivers of their right to privacy as a source of income? That DUI checkpoint catches drivers who may be perfectly safe drivers who have forgotten to put their new proof of insurance in the car—a ticket that generate income for the city? We could give more examples, but you get the idea.

Do DUI sobriety checkpoints reduce alcohol related crashes?

Yes, according to MADD. They claim that the Centers for Disease Control reports that the states that use sobriety checkpoints have 20% fewer impaired driving crashes.

Does a reduced DUI accident rate justify loss of liberty?

In our opinion, it does not. Our freedom to travel freely is being challenged from many angles. This is another one. No matter how law-abiding you seek to be, being stopped at a checkpoint can be a nerve-wracking experience. Could your allergies be interpreted as signs of DUI? Could the tremor in your hands caused by your nerves be misinterpreted as well?

Let the police increase their use of DUI emphasis patrols. They have the clear authority to pull over drivers whose driving appears unsafe. Let the rest of us use the roads without fear of being stopped without reason.

WHAT IS THE DIFFERENCE BETWEEN BEING DETAINED AND BEING ARRESTED?

Being arrested isn’t always as clear cut as those 70s cop shows made it look. You won’t always have a police officer say, “You are under arrest,” and start reading you your “Miranda rights.”

Legally there is a difference between being “detained” and being “arrested.”  Most arrests start with someone being detained, but they don’t always lead to an arrest. For example, you may be pulled over for a traffic infraction  because the police officer saw you cross over the white line on the side of the road a few times.

If the officer notices indications that you have been drinking, this could give him or her suspicion that you have committed the crime of DUI.  If the officer then begins a DUI investigation, this is called a detention and is less than an arrest.  You can’t drive away, but you are not under arrest at that point either.  We recommend asking for an attorney any time you have been detained.

Washington DUI – Officer Must Have Reason To Continue Detaining You

A Washington state police officer has the right to detain you if there is a reasonable suspicion you have committed a DUI. This is a very low threshold, much lower than guilty beyond a reasonable doubt needed to convict someone at trial.  But an officer is not allowed to keep you for an extended period of time unless there is evidence that you actually are a DUI driver.

The longer you are detained for a DUI, the more likely you will be moved from being detained to arrest.  Certain actions by the police signal that you are under arrest, even if you aren’t “officially” notified. You will be taken into “custody.” You may be handcuffed. Or you may be surrounded by police officers, and it becomes apparent you are not free to walk away. You may be locked in the back of a police car or prevented from leaving the scene in some other way.

Whether you have been detained or arrested, keep your answers to questions to the most basic facts – such as name, address and telephone number.  The police have the right to know who you are and where you live. Beyond that, ask to speak with an attorney who specializes in DUI.  If a private attorney is not available, we recommend speaking to a public defender.  We also suggest asking for an attorney when asked to do field sobriety tests and have the attorney advise you as to whether or not you should do them.

The state of Hawaii began experimenting with an interesting idea back in November 2009. The police department began posting pictures of DUI suspects on their website. The question is, “Does this practice violate the rights of the person who has been arrested for DUI?”

Supporters feel that anyone who gets stopped for DUI deserves to have their picture flashed across cyberspace, but critics say the photo gallery can stain the reputation before a person has their day in court. Hawaii’s Police Department feels that the pictures are public record and that if people are aware that their picture will appear on the Internet, they might be less likely to drive while they’re intoxicated. Defense attorneys voice strong doubts the strategy will stop anybody from getting behind the wheel.

DUI Arrest Records Are Public Record

While arrest records and photos have been considered public record for years, having the Police Department publicize images on their own website is a relatively new venture. Hawaii’s Police Department hasn’t worried about making enemies. They have posted pictures of lawmakers and several stars from the ABC drama “Lost” which is filmed locally. Their goal is to embarrass with the hope of reducing the number of DUI arrests.

DUI Photos Should Never Be Posted

If the practice does show up in Washington State, we feel that pictures should not be posted – ever. We have represented many people who did not deserve a DUI arrest. A picture that shows up on a website can be something that sticks with the person for the rest of their lives. A false arrest could cost someone a job. If a person were in a witness protection program, it could cost them their life.

DUI Arrest Is Already Embarrassing Enough

We believe that posting pictures is unfair and unnecessary.  Most people have enough shame just from being arrested.  We have not seen any studies or scientific articles that prove that posting pictures of people accused or convicted of a Washington State DUI offense would help reduce future DUIs. Until we see proof, our opinion stands firm against posting pictures of people arrested for DUI.

If an Officer Suspects a DUI Expect to Be Pulled Over

When a police officer pulls you over, he/she must have a valid reason for doing so. This is known in legal circles as “probable cause.” In other words, the officer had to see you do something that indicates a possible DUI.

The National Highway Traffic Safety Administration (NHTSA) has provided law enforcement agencies in all states, including Washington, with a list of driving patterns they believe DUI drivers exhibit. If an officer sees one or more of these behaviors, he/she will use it as a reason for pulling you over.

DUI Indicators — Problems staying in the lane

• Weaving. The driver generally keeps the car on one side of the road but the driver over-corrects consistently, and even passes over the center line with the front and back tires on one side of the car.
• Drifting. The driver keeps the car traveling in a straight line but the wheel angle is slightly off and the car “drifts” across the line that defines the lane. This can also happen if a driver is tired or there is a carbon monoxide leak.
• Swerving. The driver may correct course gradually or abruptly. There are reasons a driver might swerve that have nothing to do with DUI. An animal darts across the road. An object is in the lane.
• Almost striking another vehicle or an object. The driver may pass unusually close to another vehicle or a fixed object while traveling at either slow speed or in pace with traffic.
• Turning with a wider radius than necessary on an inside curve. The driver crosses slightly into the oncoming lane as he/she makes the turn. NHTSA warns officers to stop any driver who displays this behavior.

DUI Indicators —Speed and Braking Problems

• Stopping too far from a curb or at the wrong angle. Are your parallel parking skills up to par?
• Stopping short of the white line or beyond it at an intersection. Are you new to an area? Driving at night in wet conditions and having trouble seeing the lines?
• Jerky or abrupt stops. Are road conditions wet and your brakes grabbing?
• Accelerating or decelerating rapidly with no reason to do so. Could you have trouble with the gas pedal?
• Alternating between accelerating and decelerating. Is maintaining a consistent speed a regular problem for you?
• Driving less than 10 MPH below the speed limit. Are you uncomfortable driving over 55?

DUI Indicators —Vigilance Problems

• Inconsistent signals. A DUI driver may forget to turn on signals or may turn on the wrong signal.
• Driving into oncoming traffic or going the wrong way on a one-way street. Someone driving in an unfamiliar neighborhood could make this mistake.
• Failure to respond appropriately to traffic signals. Watch out if you don’t notice that the light has turned green. This is listed as a warning sign for DUI.
• Stopping in the lane. A DUI driver may be asleep at the wheel. But this behavior is also seen when a person is lost or confused.

DUI Indicators —Judgment Problems

• Illegal turns. Research suggests that DUI drivers are more likely to make an illegal turn that a sober driver.
• Driving off the designated roadway. If a driver is driving on the shoulder, off the edge of the road or in a turn only lane, officers have been trained to suspect this behavior.
• Unusual behavior. Anything from throwing something from your vehicle to stopping to urinate along the roadside are cited by NHTSA as reasons to suspect DUI.

DUI Indicators —General Behavior and Appearance

• Gripping the steering wheel tightly. Are road conditions icy?
• Slouching in the seat.
• Staring straight ahead with fixed eyes. Could you be getting tired, and it’s time to stop at a rest-stop for a nap? Could your blood sugar be getting too low?

As you can see, there are many situations that could make you look like a DUI driver when you aren’t. If you are charged with a DUI in Washington state, you need a DUI attorney who is knowledgeable on your Washington DUI rights and understands how best to represent your case.

Don’t let a DUI charge go on your record if you weren’t driving under the influence of alcohol or drugs.

It has almost been two years since I visited with Ross Reynolds on KUOW’s program The Conversation. The topic under discussion was whether Washington state DUI laws are tough enough to keep drivers from getting behind the wheel.

Since that time, Washington has had two new DUI laws go into effect. RCW 41.61.502, which went into effect on July 1, 2007. Prior to this date, if you were over 21 and stopped on suspicion of DUI and tested for a blood count above 0.08, it was a misdemeanor.

While most often a Washington DUI is still a gross-misdemeanor, this law changed the Washington DUI scene by adding a clause that stipulates that a person that has four or more prior DUI offenses within the last 10 years will be charged with a class C felony. Anyone who has been convicted of vehicular homicide while under the influence of alcohol or any drug is also automatically charged with a class C felony. The law also made it clear that out-of-state offenses could be used for the record.

Another DUI law went into effect January 1, 2009 which slightly changed Washington’s existing implied consent law. This law already stated that if a person operated a motor vehicle within the state of Washington that their consent is assumed when an officer requests a breath or blood test for alcohol or drug levels. The law stipulates that an officer that has reason to believe you have been driving under the influence of alcohol or drugs shall notify you that if you refuse to be tested the following will occur: 1) Your driver’s license will be revoked for at least one year; 2) your refusal to take the test may be used as evidence against you in a criminal trial.

The officer who pulls you over is obligated to tell you the consequences of testing positive for DUI—such as, suspension of driving rights for 90 or more days and eligibility for an ignition interlock driver’s license. The addition of the ignition interlock license is in my opinion a very good addition to the Washington State DUI law. It is practical in that it allows people to keep legally driving after a Washington DUI arrest, while also being a deterrent in preventing future DUIs from happening.

There are those who argue that these changes in Washington DUI laws aren’t adequate. They claim that stiffer penalties would offer a stronger deterrent. In the two years that have passed since my radio appearance, I haven’t seen any evidence that these tougher laws have changed anything. We still see clients who weren’t aware of the laws. We also see clients who experience enough anxiety over their first DUI experience to learn from the incident.

I have advocated requiring all new driver’s license applicants in the state of Washington to attend a victim’s panel before they can secure a driver’s license for this state. Other’s advocate the installation of ignition interlocks on all state registered vehicles. The first idea would help those who have a conscience think twice about the effects on others of DUI driving. The second would help those who can’t evaluate their level of intoxication. However, this second idea, the installation of ignition interlock licenses punishes not only those who have offended, but also those who have not. In my opinion, this would go too far and invade our liberty too much. Why have an ignition interlock on the vehicle of someone who never drinks or drink’s responsibly?

Do we need tougher Washington DUI laws? I’m not convinced that they would make a difference. However, educating people about the current DUI laws, penalties and very real consequences of driving intoxicated could go a long way to helping prevent future DUIs from ever occurring.

*Geoff Burg has been practicing criminal defense law since 1994. The majority of his time is spent representing people accused of drunk driving offenses and issues surrounding these charges. If you need assistance with a DUI charge, visit http://www.duiwashington.com , call 206-467-2607, or email Geoff at Geoff@GLBLaw.com for more information on what you can expect from the Law Offices of Geoffrey Burg, LLC.