Law Offices of John Lutgens

CHANGES TO WASHINGTON'S DUI LAWS

Sunday, 29 April 2012 18:58

EFFECTIVE AUGUST 1, 2012

Following the unanimous approval of the Washington House and Senate, Governor Christine Gregoire signed Second Substitute House Bill 2443, which by amendment to several statutes, effectively imposes greater sanctions and costs for Driving Under the Influence in the State of Washington.

Below is a listing of some of the applicable statutory amendments and their impact to those convicted under Washington's DUI laws.

RCW 38.52.430 - Emergency response caused by person's intoxication - Recovery of Costs from convicted person. The amendment will provide authority to the courts to increase the assessed expenses related to emergency response from it's current $1,000.00 limitation to a maximum of up to $2,500.00. These related expenses are assessed to individuals found guilty or have had their prosecution deferred for driving under the influence or operating a vessel or aircraft while under the influence of alcohol or drugs. Proof of such expense remains the obligation of the prosecuting attorney's office and may be subject to an evidentiary hearing.

Alcohol related driving offenses: Negligent Driving in the First Degree

Sunday, 12 June 2011 13:24

It is a common misconception that driving a vehicle while one's blood alcohol level is below 0.08 ng/ml is not illegal. However, if the operation of the vehicle is determined to be both negligent and endangers person or property one can be cited for Negligent Driving in the First Degree with a blood alcohol level under the legal limit of 0.08 ng/ml. Under Washington law a person can be cited for Negligent Driving in the First Degree if he or she operates a motor vehicle in a manner that is both negligent and endangers, or is likely to endanger, any person or property, and exhibits the effects of having consumed liquor or an illegal drug.

Domestic Violence in Washington

Sunday, 12 June 2011 13:16

Under Washington laws Domestic Violence is defined by RCW 10.99.020. The laws of Washington describe domestic violence as a crime committed by one family or household member against another family or household member. Domestic violence can also occur between individuals that are involved in a dating relationship.

In addition to spouses, people that have children together or are related by blood or marriage, family or household members can include adults currently or formerly living together. In parent-child relationships natural parents, step-parents, step-children, grandparents, grandchildren are included within the definition.

Washington State Ignition Interlock License (IIL)

Sunday, 12 June 2011 13:19

On January 1, 2009, the Washington State Dept. of Licensing created the Ignition Interlock License. This license allows individuals whose license has been suspended or revoked for an alcohol related driving offense to continue driving provided their vehicle is equipped with an ignition interlock device.

The ignition interlock equipment will prevent your vehicle from starting if the equipment detects any alcohol on your breath. Additionally the equipment will require testing samples while the vehicle is being driven.

Am I Eligibile for an Ignition Interlock License?

General Info on DUI Defense

Friday, 10 June 2011 16:57

The consequences of a DUI /DWI conviction can have profound impact including mandatory jail time, suspension or revocation of your privilege to drive, mandated substance abuse evaluation and treatment, significant fines and high risk insurance premiums. In many instances the consequences of a DUI/DWI conviction can be as great or greater than a felony conviction.

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