Category Archives: Legislation

State v. Robison: Implied Consent & Pot DUI

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In State v. Robison,  the WA Court of Appeals Division I held that a BAC test requires suppression when the officer giving the breath to a driver suspected of marijuana DUI fails to provide that driver with Implied Consent warnings required by that statute.

On June 29, 2013, Washington State Patrol Trooper B.S. Hyatt stopped Darren J. Robison for traffic violations. Trooper Hyatt smelled intoxicants and marijuana. Trooper Hyatt asked how long it had been since Robison had smoked marijuana. Robison responded that it had been a couple of hours. Trooper Hyatt arrested Robison. At the Tulalip Police Department, officers read Robison an “Implied Consent Warning for Breath” form, which Robison stated he understood and signed.

The form included warnings only about alcohol and did not include any marijuana-related warnings. The two breath tests given Robison both produced results over the legal limit. The State charged Robison with DUI. Robison asked the district court to suppress evidence based on an illegal stop and to suppress the breath test because Robison did not receive all required implied consent warnings.

The district court denied the motion. It concluded that Trooper Hyatt had probable cause to stop Robison. The district court also took judicial notice that the breath test used cannot detect THC, and that its purpose was to determine the alcohol concentration in Robison’s breath. The district court decided that the implied consent warnings given accurately informed Robison of the consequences of the breath tests, which “were all the warnings that were legally required on the date of violation given the decision facing the defendant.” The district court found Robison guilty but stayed his sentence pending his appeal. Robison appealed to the superior court.

The superior court reversed the district court. It found that the marijuana-related warnings were a significant part of the required implied consent warnings and the failure to give these warnings under the circumstances made the warnings given incomplete and misleading. The superior court suppressed the test results and remanded the case to the district court for further proceedings consistent with its decision.

Ultimately, the WA Court of Appeals granted the State’s request for discretionary review of the superior court’s decision.

First, the Court of Appeals gave background on how police officers apply Washington’s Implied Consent Laws in DUI investigations. Before giving a breath test to a person reasonably believed to be driving under the influence, an officer must provide that person with certain warnings required by statute. Specifically, an officer must inform the driver of his right to refuse the test or to have additional tests done.

The Court reasoned that the officer’s warning must also state that refusal to take the test will result in license revocation, that the refusal may be used at a criminal trial, and that the driver may be eligible for an ignition interlock license. Pertinent to this case, the officer must also warn about the consequences of certain test results. This warning has changed several times in recent years.

The court further explained that in 2012, Washington voters enacted Initiative 502, which legalized some uses of marijuana. This initiative also amended Washington’s Implied Consent laws by adding a warning about marijuana test results.

In this case, Trooper Hyatt warned Robison about the consequences of test results showing an alcohol concentration in his breath. However, Trooper Hyatt failed to warn Robison of the consequences of test results showing a prohibited level of THC concentration in his blood. Consequently, the Court of Appeals reasoned that the BAC test was properly suppressed because of this omission.

Additionally, the Court rejected the State’s argument that (1) an arresting officer has discretion to edit implied consent warnings as he deems appropriate to the facts of a case, and (2) the officer’s incomplete warning was harmless. Here, Robison smelled of marijuana when arrested and admitted smoking marijuana to the arresting officer. “Under these circumstances, we cannot conclude beyond a reasonable doubt that Robison would have agreed to take the breath test had he received the THC warning.”

The Court of Appeals concluded that because the State cannot show that an officer gave Robison all the statutorily required warnings, it cannot establish the foundation required for admission of the breath tests given to him. “While cases have characterized this result as suppression, when the State cannot show that it complied with the implied consent statute, the State has failed to meet its burden of proof for admission of evidence it offers to prove guilt. The defendant does not have to show prejudice in this circumstance.”

With that, the Court of Appeals affirmed the superior court’s decision to suppress Robison’s BAC test.

My opinion? Good decision.  DUI investigations involving Implied Consent Warnings must keep up with today’s legislative amendments. The law is the law.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Harsher DUI Penalties Pass Washington House

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Image result for washington house bill 2280 DUI

According to Q13 Fox News, a bill that would require harsher penalties for people convicted of felony-level offenses for driving under the influence of drugs or alcohol has unanimously passed the House.

House Bill 2280, approved Monday, would make a driver’s fourth DUI conviction within 10 years a Class B felony, rather than a Class C felony.

According to Mothers Against Drunk Drivers of Washington State, in 2015, 149 people died from crashes related to drunk driving. That makes up more than 34-percent of all traffic deaths in the state of Washington. And MADD says that 2015 number increased by more than four-percent from 2014.

The bill will now be considered by the Senate.

A Class C felony has a maximum of five years in prison, a $10,000 fine or both.

A Class B felony has a maximum of 10 years in prison, $20,000 fine or both.

A DUI is a gross misdemeanor in existing law.

A DUI for someone convicted of vehicular homicide or vehicular assault while intoxicated would also be a Class B felony under the bill.

Please contact my office if you, a friend or family member are charged with DUI. Hiring an effective and competent defense attorney is the first and best step toward justice.

Court Reverses Pot Conviction

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In State v. Rose, the WA Court of Appeals Division III decided to reverse Mr. Rose’s conviction for Possession of Marijuana because Washington’s general criminal prosecution saving statute does NOT permit a prosecution for less than 1 ounce of marijuana that was pending when Initiative 502 became effective.

On June 26, 2012, defendant Justin Rose was fishing on the Yakima River below the Roza Dam when he and his companions were approached by a Washington Fish and Wildlife agent interested in checking for their fishing licenses. The Fish and Wildlife agent noticed that Mr. Rose was smoking. Based on the agent’s training and experience, he believed Mr. Rose was smoking marijuana from a bong. When the agent told Mr. Rose what he had seen, Mr. Rose admitted he had been smoking marijuana and handed over the bong, which contained some marijuana, to the agent. Mr. Rose was over age 21 at the time. He was charged with one violation of RCW 69.50.4014 (possession of less than 40 grams of marijuana) and one violation of former RCW 69.50.412(1) (2002) (use of drug paraphernalia).

In October 2012, Mr. Rose entered into a deferred prosecution agreement with the State, staying the prosecution. For those who don’t know, a deferred prosecution is an agreement between someone who is charged with a crime and the State Attorney’s Office. This agreement will require that within a specified period of time, the person charged with a crime will complete all requirements in the agreement. The State agreed that if Mr. Rose complied with the conditions. identified in the agreement for one year, it would move to dismiss both charges. The conditions imposed on Mr. Rose included performing community service, paying a fee and costs, obtaining an alcohol and drug evaluation, and fully complying with any recommendation of alcohol or drug treatment or other services resulting from the evaluation.

Initiative 502 came into effect while Mr. Rose’s case was pending. The law unconditionally decriminalized possession of less than one ounce of marijuana by persons 21 and over, and did remove marijuana paraphernalia from the unlawful categories of paraphernalia.

Unfortunately, Mr. Rose  violated the conditions of his deferral agreement by failing to enter into an intensive outpatient treatment program. The district court revoked the agreement, proceeded to a bench trial, and found Mr. Rose guilty of both counts.

Before sentencing, Mr. Rose moved to dismiss the charges based on the decriminalization of his offenses by I-502. The district court denied Mr. Rose’s motion. It recognized that RCW 10.01.040 – which provides that offenders are prosecuted under the laws in effect at the time of their offenses – does not apply if intervening legislation conveys a contrary intent. It sentenced Mr. Rose to 180 days confinement. Mr. Rose appealed to the Superior Court, which upheld his convictions. In response, he successfully appealed his case to the WA Court of Appeals.

The WA Court of Appeals reversed Mr. Rose’s convictions. It acknowledged that  although the common law provides that pending cases be decided according to the law in effect at the time of the decision, the Washington legislature adopted a criminal prosecution saving statute, now codified at RCW 10.01.040, whose saving clause “presumptively ‘save[s]’ all offenses already committed and all penalties or forfeitures already incurred from the effects of amendment or repeal,” requiring that they be prosecuted under the law in effect at the time they were committed “unless,” as the statute provides, “a contrary intention is expressly declared in the amendatory or repealing act.”

Here, the WA Court of Appeals sought to reconcile these countervailing laws.

The Court reasoned that in this case – and unlike actual laws written legislatures – we are dealing with an initiative to the legislature:

“While standard rules of statutory construction apply, our concern is with the intent of the voters. The issue is whether an intent by the voters to apply its decriminalization provisions to stop pending prosecutions is fairly conveyed by the initiative.”

The Court further reasoned that we look at the language of 1-502 from the perspective of the average informed lay voter rather than from the perspective of the legislature. It acknowledged that average lay voters presented with an initiative that they are told will stop treating adult marijuana use as a crime are more likely to make the assumption that prosecution will be stopped on the effective date. Consequently, and in these rare cases where legislation includes additional language that conveys disapproval or concern about continued prosecution, the Court felt compelled to respect the intent of the voters.

My opinion? Good decision. Washington General Criminal Prosecution Saving Statute should not allow prosecutors to enforce archaic laws which were ultimately killed by the will of the voters. Period. Kudos to Division III.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington Prosecutors Want Death Penalty Referendum

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The Death Penalty in Jewish Tradition - My Jewish Learning

Interesting news article from the Bellingham Herald says State prosecutors will ask lawmakers to send a death penalty referendum to voters next year.

The Washington Association of Prosecuting Attorneys issued a statement Thursday saying that prosecutors “overwhelmingly believe that the people of the state should vote on the question of whether the state should retain the death penalty as an option in cases of aggravated murder.”

The death penalty has been on hold in Washington state since last year, when Gov. Jay Inslee issued a moratorium for as long as he’s in office. Currently, nine men are on death row in Washington state. Death penalty cases in the state are still being tried and continue to work through the system. Inslee’s moratorium means that if a death-penalty case comes to his desk, he will issue a reprieve, which means the inmate would stay in prison rather than face execution.

The next legislative session begins in January.

My opinion? I’m pleasantly pleased our Prosecutors are putting their proverbial finger on the pulse. And the question is relevant: why waste thousands of attorney hours, expend tons of limited law enforcement resources and spend millions of taxpayer money seeking the death penalty for a handful of Washington inmates when your average, everyday Washingtonian may not even support the death penalty? Good on you, Prosecutors.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

States With Weird Liquor Laws

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Weird Liquor Laws, Beer ABV Legal Limits, and Blue Laws – Southern Drinking Club

A news report from time.com discusses how many states have bizarre, outdated and just plain weird laws regarding the sale and consumption of alcohol.

Texas
Texas prides itself on its business-friendly, free-market ethos. But when it comes to alcohol, Texas has some pretty elaborate regulations. Wal-Mart is feuding with Texas over the state’s refusal to let it stock liquor in its aisles. The issue? A 1995 law preventing public companies with more than 35 shareholders from selling hard liquor in the state. Walmart, which argues the law is unconstitutional, sued. Earlier this week, a court date was set for Sept. 2016.

Pennsylvania
For sheer strangeness alone it’s hard to beat Pennsylvania v. 2,447 Bottles of Wine. With its Quaker roots, Pennsylvania has some of the strictest alcohol rules in the nation, allowing sales of wine and liquor only through 600 special-state run stores. When a Chester County attorney was recently charged with importing more than 2,400 bottles of wine and selling some without a license, he struck a deal that let him keep about 1,000 bottles. But state law requires the remainder, more than 1,300 bottles, to be destroyed.

Massachusetts
Pennsylvania has Quakers, Massachusetts has Puritans. If that conjures an image of dour finger waving, you’re not far off the mark. Massachusetts law bans happy hours and drink specials, not to mention drinking games, and severely restricts when supermarkets can sell beer and wine. Some think the Bay State may interpreting its heritage too seriously. The Boston Globe,citing a colonial historian who noted that early settlers opened plenty of taverns, recently argued “Drinking Laws in Massachusetts Aren’t Puritanical — They’re Worse.”

Maine
Like many states, Maine restricts the sale of liquor on Sundays, in this case prohibiting it before 9 a.m. There is an important exception, however. In 2013, sharp-eyed Mainers realized St. Patrick’s Day would fall on a Sunday that year. Not to worry: Gov. Paul LePage signed an emergency law allowing liquor to be served as early as 6 a.m. when the holiday falls on a Sunday. Crisis averted.

 Louisiana

A state also known for its traditions, though not necessarily puritanical ones. Louisiana was the last state to raise its drinking age to 21 from 18. It has taken certain additional steps to combat drunk driving, including an open-container law, which discourages drinking in a vehicle, at least in theory. The law acknowledges the state’s ubiquitous drive-by daiquiri stands with a provision that considers a container closed so long as the straw hasn’t been put in the opening on the lid of the cup. One recent transplant describes the apparent logic of this:

As my friend once said, during my inaugural drive through daiquiri run, “We’re not going to drink it while we’re driving, we’re just going to go get it.”

“Then what are we going to do with it?”

“Then we’re going to go stop and drink it,” she said.

Nevada
In Nevada, bars can (and do) stay open 24 hours, and liquor can be sold at supermarkets and convenience stores. Open containers are permitted in Las Vegas and the nearby Strip. Also, state law explicitly states that it is not a crime to be drunk in public because drunkenness is a health problem—and obviously what all those people sipping gin and tonics on the patio of the Bellagio’s pool need most is the Nevada State Legislature’s support and sympathy.

New Jersey
Several states, including Massachusetts, Pennsylvania, and Idaho, set quotas for the number of liquor licenses they issue to bars and restaurants. That can lead to licenses being traded on the secondary market and changing hands for hefty sums. There are reports of sales in Montana for as much as $1 million. But no one does a shakedown like New Jersey. One New Jersey license reportedly sold for as much as $1.6 million.

Idaho
While Idaho’s liquor licenses may not sell as for as much as New Jersey’s, the state’s quota system has drawn attention for a different reason. The quotas, which allow for just one license for every 1,500 people, are designed to be strict: Temperance is written into the state’s constitution, which calls it a “first concern” of good government. But granting exceptions has proved pretty tempting too. The result: a spate of laws that seem to open the door, if only a crack, like this one highlighted by the Institute for Justice.

For example, in order to grant an exception to Clark House, a historic bed and breakfast on Hayden Lake, the Legislature passed an amendment lifting the rural license ban on any hotel that ‘has been in existence for at least 75 years and has been on the historic register for a minimum of 10 years, is situated within 500 yards of a natural lake containing a minimum of 36,000 acre feet of water when full with a minimum of 32 miles of shoreline, and is located in a county with a minimum population of 65,000.’

Utah
If there’s one thing you know about Mormons it may be that they don’t drink alcohol (or coffee for that matter.) So it’s not a huge surprise that Utah’s attitude toward liquor is more like Pennsylvania’s than that of its next door neighbor Nevada. In fact, Utah’s regulations are so strict, the Salt Lake City tourism board has a whole page devoted just to debunking Utah drinking law myths. The “Zion curtain,” in which the bartender mixes drinks out of sight, really exists—although only in restaurants opened after July 2012, not in bars or clubs, we are reassured. You can have more than one drink in front of you at a time, although indeed it is not permitted to order a double. If you order a drink in a restaurant, you also have to order food, at least an appetizer (which can be shared). Sounding not a little defensive, the tourism board concludes: “But let’s be honest: there are lots of weird liquor laws in the world.”

Washingtonians, if you think we’ve got it bad, there is worse.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. O’Dell: Court May Consider Defendant’s Youth at Sentencing

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In State v. O’Dell,  the Washington Supreme Court held that a defendant’s youthfulness can support a lower prison sentence.

About 10 days after his 18th birthday, O’Dell had sex with 12-year-old A.N. The two met up on Sunday afternoon, along with a mutual friend, to drink wine and smoke cigars in the woods. Apparently, she, the friend, and O’Dell made plans to meet up again later that night but that the friend did not join them as planned. She and O’Dell sat in the woods to wait for their friend and, after a few minutes of talking, O’Dell forcibly raped her.

Sean O’Dell was convicted of Rape of a Child Second Degree. At O’Dell’s sentencing hearing, the defense requested a lighter sentence because, as he said it,  “The defendant’s capacity to appreciate the wrongfulness of his conduct, or to conform his conduct to the requirements of the law, was significantly impaired by youth.”

The defense also argued that when O’Dell committed his offense, he “was still in high school, associating with school age persons” and “was not some mid-twenties man hanging out at the local high school or trolling the internet for young people.”

Finally, the defense quoted portions of the United States Supreme Court’s decision in Roper v. Simmons, which held that it is unconstitutional to impose the death penalty on a juvenile. Roper relied on research, by various medical and psychiatric associations, indicating that juveniles are more susceptible to negative influences and impulsive behavior and therefore less morally culpable for their crimes relative to adults.

Despite Defense Counsel’s arguments, the trial court sentenced O’Dell to 95 months of prison and said that it could not consider age as a mitigating circumstance.

O’Dell committed this offense 10 days after his 18th birthday. As stated by his defense attorney, “had the incident happened two weeks prior, and assuming the State could not convince the Court to prosecute O’Dell as an adult, he would be facing 15-36 weeks in a well-guarded juvenile detention facility … rather than 78-102 months in an adult prison.”

On appeal, O’Dell challenged his 95-month sentence. He argued that the trial court abused its discretion when it refused to consider O’Dell’s own relative youth as a basis to depart from the standard sentence range.

The WA Supreme Court ruled that the trial court erred when it refused to consider O’Dell’s youth as a mitigating factor justifying a lower sentence. First, it reasoned that all defendants 18 and over are, in general, equally culpable for equivalent crimes. But it could not have considered the particular vulnerabilities – for example, impulsivity, poor judgment, and susceptibility to outside influences – of specific individuals. The trial court is in the best position to consider those factors.

Second, the WA Legislature defining an adult felony offender as “18 and over” did not have the benefit of psychological and neurological studies showing that the parts of the brain involved in behavior control continue to develop well into a person’s 20’s:

These studies reveal fundamental differences between adolescent and mature brains in the areas of risk and consequence assessment, impulse control, tendency toward antisocial behaviors, and susceptibility to peer pressure. Until full neurological maturity, young people in general have less ability to control their emotions, clearly identify consequences, and make reasoned decisions than they will when they enter their late twenties and beyond.

Finally, the Court concluded, in light of what we know today about adolescents’ cognitive and emotional development, the defendant’s youth may, in fact, relate to a defendant’s crime that it is far more likely to diminish a defendant’s culpability; and that youth can, therefore, amount to a substantial and compelling factor justifying a lighter sentence. “For these reasons, a trial court must be allowed to consider youth as a mitigating factor when imposing a sentence on an offender like O’Dell, who committed his offense just a few days after he turned 18.”

The WA Supreme Court remanded O’Dell’s case for re-sentencing.

My opinion? Good decision. The defense attorney was very intelligent to provide the court with studies showing that young offenders have less ability to control their emotions and impulses. This is very true. Indeed, this reasoning is exactly why the Washington Legislature adopted the Juvenile Justice Act in 1977 and treats young offenders differently than adult offenders.

Here, although the Defendant was categorically denied Juvenile Court because he was 18 years old, he was barely 18 years old when he committed the offense. He’s much closer to being a child than an adult. And until a young person turns 25, their brains haven’t fully developed. Good decision.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Most Strict & Most Lenient States For DUIs

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The Strictest and Most Lenient DWI Laws by State

Here’s a new and interesting study: Which states are the toughest on DUI? WalletHub compared the enforcement rules in all 50 states and D.C. to find out.

Most Strict Most Lenient
1-      Arizona 1-      South Dakota
2-      Alaska 2-      District of Columbia
3-      Connecticut 3-      Pennsylvania
4-      West Virginia 4-      North Dakota
5-      Kansas 5-      Maryland
6-      Nebraska 6-      Montana
7-      Utah 7-      Wisconsin
8-      Virginia 8-      Kentucky
9-      Washington 9-      Vermont
9-      Georgia 10-   Ohio
9-      Delaware 10-   New Jersey

Here’s more raw data:

  • First time offenders should expect to spend, on average, a minimum 1 day in jail, while those who are at their second offense should expect at least 21 days in jail.
  • Arizona has the longest minimum jail term for first time offenders (a minimum of 10 days), while West Virginia has the longest minimum sentence for second time offenders (180 days).
  • In 37 states, alcohol abuse assessment and/or treatment is mandatory, and in 39, local law enforcement regularly sets up sobriety checkpoints.
  • On average expect to have your license suspended for at least 3 months after being stopped for a DUI – even before trial – as most states “administratively” suspend licenses after arrest. Georgia will suspend a license for the longest period (up to 12 months), while 7 states do not have administrative license suspensions.
  • After a first arrest with a blood alcohol content (BAC) of .08 or more, an “ignition Interlock device” is mandatory in 24 states. In another 14 states, this device is mandatory after a first offense only if BAC is above .15. In 7 states, these devices are mandatory only after a second offense, and in 6 states the device is never required.
  • Red states are stricter on DUIs, with an average ranking of 23.0, compared to 28.2 for blue states (1 = Strictest).

Washington State ranked #9 among the Top 10.

The Methodology used was interesting. WalletHub examined 15 key metrics to evaluate which states are strictest and which are most lenient for DUI offenses. Each variable is weighted so that the toughest ones, like jail sentences, and those shown to have the biggest impact on repeat offenders, like ignition interlock devices, are weighted more heavily. The metrics used and the weight given to them are detailed below:

Criminal Penalties:

  1. A) Minimum jail time (for 1st offense, minimum sentence only)
  • 10 days and over (10 points)
  • 8 – 9 days (8 points)
  • 6 -7 days (6 points)
  • 4 – 5 days (4 points)
  • 2 – 3 days (2 points)
  • 0 – 1 day (0 points)

              B) Minimum jail time (for 2nd offense, minimum sentence only)

  • 60 days and over (7 points)
  • 50 – 59 days (6 points)
  • 40 – 49 days (5 points)
  • 30 – 39 days (4 points)
  • 20 – 29 days (3 points)
  • 10 – 19 days (1 point)
  • Under 10 days (0 points)

2. When is DUI automatically considered a felony?

  • 2nd offense (5 points)
  • 3rd offense (4 points)
  • 4th offense (2 points)
  • 5th offense (1 point)
  • Never (0 points)

3. How long does a previous DUI factor into penalties for a new DUI?

  • More than 12 years (4 points)
  • 12 years (3 points)
  • 10 years (2 points)
  • 7 years (1 point)
  • Under 7 years (0 points)

4. Are there additional penalties for high BAC?

  • Over 0.10 (3 points)
  • Over 0.15 (2 points)
  • Over 0.16 or higher (1 point)
  • No (0 points)

5. A) Minimum fine (for 1st offense, minimum sentence only)

  • $1000 and over (3 points)
  • $600 – $999 (2 points)
  • $200 – $599 (1 point)
  • Under $200 (0 points)

      B) Minimum fine (for 2nd offense, minimum sentence only)

  • $2000 and over (2 points)
  • $1200 – $1999 (1 point)
  • $400 – $1199 (0.5 points)
  • Under $400 (0 points)

6. Protection against child endangerment

  • Yes (1 point)
  • No (0 points)

         Prevention:

7. When is an ignition interlock mandatory?

  • 1st conviction with 0.08 BAC (5 points)
  • 1st conviction with 0.15 BAC (4 points)
  • 2nd conviction (2 points)
  • Not mandatory (0 points)

8. Is there an “administrative” license suspension after arrest (and before conviction)?

  • 6 months or more (4 points)
  • 3-6 months (3 points)
  • Less than 3 months (1 point)
  • No (0 points)

9. How long is ignition interlock mandatory?

  • 6 months or more (3 points)
  • 3-6 months (2 points)
  • Ignition Interlock period determined by court (1 point)

10. Is alcohol abuse assessment and/or treatment mandatory?

  • Yes (2 points)
  • No (0 points)

11. Vehicle Impound After Arrest

  • Yes (2 points)
  • No (0 points)

12. Average insurance rate increase after DUI.

  • 100% or more increased cost (1 point)
  • Above 75% increase in cost (0.75 points)
  • Above 50% increase in cost (0.50 points)
  • Above 25% increase in cost (0.25 points)
  • Under 25% increase in cost (0 points)

13. “No-refusal” initiative for rapid search warrants for sobriety testing

  • Yes (1 point)
  • No (0 points)

14. Sobriety checkpoints?

Yes (1 point) No (0 points)

15. Other penalties

  • If a state has any other penalties (1 point)
  • No other penalties (0 points)

Total: 55 points.

The Overall Rank was determined by how many points each state accumulated. The highest score – for the strictest state, which was Arizona – was ranked 1.

The data is interesting to interpret. The study said that since the 1980s, when states first began to crack down on drunk driving, the rate of impaired driving and the number of accidents caused by drunk drivers has dropped considerably. This has meant many saved lives, as drunk driving fatalities declined 52 percent from 1982 to 2013.

The study also mentioned some of this change was attributed to evolving social attitudes. Also, new, tougher penalties for those caught driving under the influence have also had an impact, especially in reducing the number of repeat violators. For example, almost half the states now require all convicted DUI offenders to install an ignition interlock device in any vehicles they will be driving. These devices analyze the driver’s breath and won’t permit the car to start if alcohol is detected. The study mentioned that the federal government estimates that these devices have reduced re-arrest rates of DUI offenders by 67 percent.

My opinion? The constant lobbying from groups like Mothers Against Drunk Driving and the National Highway Traffic Safety Institute have driven legislators to enact tougher laws of the the years.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Is Texting While Driving the New DUI?

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Police Officer Posing As Construction Worker

Recently, Marietta Police dressed up as a construction workers at a busy intersection to catch distracted drivers who were text messaging while driving. The police go as far as busting drivers who are texting while stopped at red lights. It appears that going undercover is an effective way to bust drivers texting, tweeting or checking emails behind the wheel.

“What we’ve done here is we’re able to put officers in the roads so we’re able to get close enough almost inside their cars so we can look down and see exactly what they’re doing on their phones,” said Marietta police Officer Nick Serkedakis. “I really think this is the DUI of the future. Impairment is still a problem, but this distracted driving is killing as many people as drunk drivers.”

The tickets are $150 and one point on your license.

Can a program like this – one where WA police officers pose as construction workers at certain locations to observe texting drivers – be implemented in Washington State?

Probably not.

This program is very similar to DUI checkpoints, which were basically outlawed in 2008. For those who don’t know, sobriety checkpoints (also called DUI checkpoints) are locations where law enforcment officers are stationed to check drivers for signs of intoxication and impairment. Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrance program. Due to legal issues surrounding their use, not all states conduct sobriety checkpoints. Some states have laws authorizing their use. Others forbid them or are silent on the issue.

According to the Government’s Highway Safety Association (GHSA), Washington State is one of only 12 states which do not conduct DUI checkpoints. The story is interesting. In 2008, then-Governor Christine Gregoire wanted the state Legislature to authorize police to set up sobriety spot checks, a practice unseen in Washington since the state Supreme Court declared it unconstitutional in 1988 under City of Seattle v. Messiani.

Some background is necessary. In Messiani, the Washington State Supreme Court decided that the Seattle Police Department’s sobriety checkpoint program was constitutional. In short, police officers set up roadblocks where all oncoming motorists were stopped. The police lacked warrants and any particular suspicion of criminal activity. The City of Seattle argued that the State’s interest in the legal operation of vehicles outweighs any privacy interest under Article I, Section 7 of the WA Constitution. Ultimately, the Washington State Supreme Court concluded that the City of Seattle’s position was unlawful, and held that sobriety checkpoints were unconstitutional.

At any rate, Governor Gregoire’s proposed DUI Checkpoint legislation failed. The ACLU even got involved. In the end, Legislators simply lacked the political will overturn the WA Supreme Court’s City of Seattle v. Messiani. 

Unlike Washington, however, Georgia has  actively legalized DUI checkpoints. They are conducted weekly and aggressively; and upheld under the State of Georgia’s Constitution.

Due to the differences, I can’t see WA police officers successfully pulling off an anti-text messaging campaign like the Georgia police officers can. This campaign is too similar to DUI checkpoints, which are illegal in Washington State.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

NY Politician Wants Ignition Interlock Devices in All New Vehicles

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Today, U.S. Representative Kathleen Rice announced that she will introduce legislation requiring all American automakers to equip new cars with ignition interlock device (IID) technology which detects a driver’s blood alcohol content (BAC) and prevents the engine from starting if the driver’s BAC is above the legal limit.

While laws vary across the states, ignition interlock devices are widely required for individuals who are convicted of DUI. A recent study conducted by researchers at the University of Michigan found that requiring interlock technology in all new vehicles would, over a 15 year implementation period, prevent an estimated 85 percent of drunk driving-related deaths and 84-89 percent of drunk driving-related nonfatal injuries.

The study says that preventing deaths and injuries resulting from DUI and other alcohol/drug related accidents would save an estimated $343 billion over 15 years. Additionally, the cost of installing the IID technology would be recovered in first 3 years of implementing the devices into cars. Finally, the study found that young drivers would benefit the most.

Representative Rice said the following about her legislation:

“Advancing the progress we’ve made combating drunk driving demands bold action. It demands that we take a stand and say we refuse to keep letting drunk drivers take 10,000 lives each year. We refuse to keep seeing families torn apart when we know we can do more to prevent it. Strict enforcement is important, holding drunk drivers accountable is important, but we can and must do more to stop drunk drivers from ever hitting the road in the first place. That’s why I’m working on legislation to require ignition interlock devices in all new cars. This technology saves lives, it saves money, and I’m going to fight to make it standard equipment in American cars.”

Representative Rice previously served as a Prosecutor of Nassau County, NY, where she received national acclaim for her efforts to combat drunk driving, securing Long Island’s first DWI-related murder convictions and helping to lead a statewide overhaul of New York’s DWI laws. Rice was dubbed by the New York Daily News as “the state’s toughest DWI prosecutor,” and recently received a Lifetime Achievement Award from Mothers Against Drunk Driving (MADD).

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

States With the Highest DUI Arrests

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States With the Most Drunk Driving Problems (2021)

Today, a national study on DUI arrests was released by Project Know, a drug addiction resource center that combats substance addiction and the societal issues that stem from it. In it, they sifted through data from federal agencies to figure out where you are most likely to get arrested for a DUI, per capita.

For example, Seattle had 2,861 DUI incidents in 2013, which puts its DUI arrest rate at 43.8 per 10,000 residents—slightly lower than Washington’s 2013 rate of 49.8. There were more DUIs in Seattle in 2013 than in 2012 or 2011 and, so far this year (up to November 16th), there have been 2,588, which should put the end-of-year total at about the same level as 2013’s.

My opinion? Interesting projections. Let’s see data showing the lobbying efforts and financial contributions of different anti-drinking-&-driving groups like Mothers Against Drunk Driving (MADD) . I wonder if their efforts have anything to do with the projections and proactive enforcement of DUI laws in Washington? Just a thought.