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A first time DUI in Washington State is considered a gross misdemeanor, not a felony. A Washington DUI carries a maximum penalty of 364 days in jail and a $5000 fine. In all cases where a conviction is entered, there is a mandatory minimum sentence, which a judge is required to impose and cannot reduce. Continue Reading »

If you a person loses her license because of a DUI conviction or because of a Washington State Department of Licensing suspension, the Washington state ignition interlock lock license law allows her to continue driving 24 hours a day, seven days a week. Continue Reading »

Our Washington Legislature recently voiced a major concern about our state patrol employment numbers. Right now 21% of the agency’s trooper positions are vacant. The Washington State Patrol watches Washington’s state highways, enforces traffic laws and conducts criminal investigations and drug forensic testing through its self-prescribed ‘state of the art’ toxicology lab. In order to… Continue Reading »

When does the affirmative defense of ‘safely off the roadway’ apply? Well, it doesn’t apply to the crime of driving under the influence (RCW 46.61.502), which surprises some people. It only applies to being in physical control of a motor vehicle while under the influence (RCW 46.61.504). According to WPIC 92.15, ‘safely off the roadway’… Continue Reading »

Bill 5352, moved out of the senate it is a bill that, if passed into law, would give police more discretion on when they can chase after suspects. Members of many law enforcement agencies have been outspoken in favor of updating the law, arguing that current restrictions give alleged criminals confidence to flee, which, in… Continue Reading »

As many may now know, Washington State Senators have proposed a bill to lower the state’s legal blood alcohol limit for drivers. Currently it is .08%. They propose lowering the legal limit to .05%. They also have voiced concern over the yearlong backlog of blood tests at the state’s toxicology lab. This is so, because… Continue Reading »

A new judicial precedent in Oregon may eventually extend to Washington. Oregon’s new standard for determining whether potential jurors have been excluded because of their race is called ‘Comparative Juror Analysis’. Comparative Juror Analysis arose out of a case involving prosecutors that dismissed two members of a jury pool because they were the same race… Continue Reading »

  With the winter firmly now upon us, drivers best take care to ensure that they drive safely on our roadways or face the prospect of being ticketed by law enforcement. One person did not quite understand that principle when they decided to drive for more than 5 miles with both their vehicle and their… Continue Reading »

Any vehicle that has a motor is considered a ‘motor vehicle’ for DUI purposes. RCW 46.04.670 defines what a motor vehicle is in Washington State. It reads: “’Vehicle’ includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or… Continue Reading »

June DUI emphasis patrols kicked off Washington’s “100 Safe Days of Summer” campaign. The 2022 campaign involves law enforcement agencies deploying increased patrols throughout the summer to keep our roadways safe. The campaign is part of a collaboration with WSP’s Target Zero Task Force. It is aimed at explaining the dangers of summer driving and… Continue Reading »