During the last Legislative session in Olympia, lawmakers made some changes in the impaired-driving laws, impacting those accused of driving under the influence (DUI), physical control, vehicular assault when DUI, and vehicular homicide when DUI. One of the changes went into effect July 22, known as “Hailey’s Law”. The law requires the mandatory impound and hold of a vehicle when the driver is arrested for DUI or physical control. Upon impound, the car may not be redeemed by the driver for 12 hours. A registered owner who was not the arrested driver may redeem the vehicle at any time after impound. Previously, police officers had discretion in choosing whether to impound a vehicle or not.
Hailey French was seriously injured in 2007 by a driver who had earlier been arrested for DUI then had returned to her parked vehicle and drove again, causing an accident that injured Ms. French.
Other significant changes involving ignition interlock devices (IID) went into effect as of Sept. 1.
Drivers accused of DUI will be given day-for-day credit for use of an IID on vehicles they drive beginning from the date of the incident, including when an IID is ordered as a condition of pretrial release. The time the driver has the IID installed will be credited toward the mandatory use of an IID that will follow a DUI conviction, which could be for a minimum of one year, and up to ten years depending on the driver’s history.
Sometimes, prosecutors may amend or reduce a DUI charge because of evidentiary issues or concerns they could not prove the DUI case beyond a reasonable doubt to a jury. The new law will now require an
IID for six months if a DUI-related charge is amended to reckless driving or negligent driving first degree if the driver has had a similar prior offense within the past seven years.
The legislature also clarified the law to require an IID during a deferred prosecution for a DUI (and for any alcohol-dependency deferred prosecutions, no matter what the charge). Other changes involve an expanded definition of prior offenses and increased penalties for those with prior offenses.
The area of DUI law is a constantly changing landscape, with many complexities and nuances, as the
Legislature grapples with ideas to reduce the occurrence of DUI’s and the injuries and loss of lives at the hands of drunk drivers. While the obvious and best advice is to never get behind the wheel if you’ve been drinking, it is also important to know about changes in the law and what might happen if you do drink and drive. If you or a loved one are ever in that situation, because of the complexities in this area of the law, it is wise to consult with a lawyer who keeps up to date and has experience in handling DUI and DUI-related cases.
Mark W. Prothero
Gregory L. Girard
Attorneys at Law
Hanis Irvine Prothero PLLC
Kent
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