DUI Washington Blog

A forum posting on Prairielaw.com brings up a very important question. Should Washington consider instituting a lifetime Driver’s License Revocation for drivers that have been convicted of DUI four or more times? Other states have gone this route. Should Washington follow suit?

At Burg Criminal Defense, we feel that this is a harsh sentence that is unworkable in today’s society.  Life without a car is virtually impossible in Washington State.  A man we will call Frank states on the Prairielaw forum that he has been totally sober for the past seven years. He admits that he went through a divorce and job loss that sent him to the bottle at the time he received his fourth DUI in Florida. Fortunately, he was never involved in an accident and in the seven years before he finally gave up drinking entirely and the seven years since that, he has never tried to drive a car. He feels that 14 years without a driver’s license is adequate punishment for his four DUIs.

We would agree. Frank is now actively involved working with alcoholics and drug addicts and trying to prevent others from driving under the influence of both alcohol and drugs.

Frank rightly points out that there are many forms of addiction, and stiffer punishment doesn’t always lead to the right behavior. Denying a driver’s license doesn’t necessarily keep a person from getting behind the wheel. In fact, it can cause someone to feel that all hope is lost. Irrational laws can create irrational behavior.

There are better DUI solutions than revoking driving privileges for life!

If someone has a drinking problem, ignition interlocks and other monitoring measures make far more sense than revoking driving privileges for life.

We at the Law Offices of Geoffrey Burg believe in hope. We have it for every one of our clients. If you have been charged with a DUI in Washington, we will represent you with compassion and experience. If you need help with treatment, we can point you in that direction while still defending your legal rights.  If you are not in need of treatment, we will steer you in the correct direction.  Under either situation, there is no lifetime ban for driving in Washington State. We are committed to keeping it that way.

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.