YOUR COMMUNITY RESOURCE: WASHINGTON STATE DUI AND CRIMINAL TRAFFIC BLOG

Blood draw if I refuse Breath Test?

In light of the recent Washington State Supreme Court decision (see previous post) several people have already asked me whether it is likely that they will now have their blood drawn - if they refuse a breath test. I believe because of the sheer number of annual DUI cases (40,000+) in Washington that it is likely only in the most serious DUI cases  - accidents and felony DUI's - but again it will depend on the specific police department/law enforcement agency and the officer. That said, I wouldn't be surprised if some officers started administering blood draws routinely in every refusal case. Most importantly, if you are arrested for DUI it is imperative to talk to an experienced DUI attorney before you take the breath test at the police station so that they can advise you on the proper course of action for your particular situation.

Supreme Court allows warrants for blood tests in DUI cases

The Washington Supreme Court has ruled that an officer may obtain a search warrant for a blood test even if - the driver refuses the voluntary breath test. Seattle Times This is not good law and for all practical purposes makes one's right to refuse the breath test meaningless. 

Status of your Washington Drivers License

It is not uncommon for Washington State residents to need to know the status of their Washington State drivers license. They might have previously had a DUI, Driving with license suspended convictions or not paid a speeding ticket. The Washington State Department of Licensing allows you to check the status of your license on-line in real time. Real Time License Status It is also a convenient tool to check the status of your application for a specific license. (i.e. Ignition interlock license) 

Need to know whether someone is in jail?

Many times I have people call inquiring about whether a friend or family member is in custody, what jail they are in, charges, bail amount and/or have they been released. This information is now easily accessible with on-line jail registers for Snohomish, King, Pierce and Kitsap Counties. The information typically provided is the person's name, booking number/date, pending charges, bail amount, release date etc.al. 

Texting while driving "doubles" among Washington drivers!

A recent article said that texting while driving in Washington doubled in the last 18 months. (see Pemco Poll) This is surprising considering that many new studies show how dangerous it is...according to the NY Times - one even said you are 23 times more likely to have an accident. NY Times

Texting like hand-held cell phone use is a secondary offense in Washington. That means you cannot be pulled over solely for texting or talking on your cell phone. However, if the officer sees you commit another infraction (i.e. speeding) he/she can then ticket you. 

In comparison, the State of Utah has taken a very tough approach with up to 15 years in prison for killing someone while texting and driving.  NY Times 

Ignition Interlock Devices required for all WA DUI Convictions

Washington is one of - only 8 states - that require an ignition interlock device (IID) on all DUI convictions. No criminal record; No traffic offenses; No speeding tickets - irrelevant. So, if you are convicted of a DUI in Washington State you will be required to install a IID on any vehicle you drive for at least one year or longer if prior IID installed. (cost approx. $80 monthly) However, there is an exception for employer owned vehicles. So, you will still be able to drive a work vehicle without an IID in most cases. (does not apply to CDL holders)