Stiffer Penalties Mulled in Olympia for DUI’s

By RACHEL LA CORTE Associated Press                                       Published:  Apr 9, 2013 at 11:50 AM

OLYMPIA, Wash. (AP) – Lawmakers are considering tightening up the state’s laws against driving under the influence after two recent cases that left three dead and two – including an infant – critically injured.

Rep. Roger Goodman held a work group meeting Tuesday morning to discuss a variety of ideas to stop more impaired drivers. The working group comprised more than 20 people, including judges, attorneys, law enforcement, and victims of impaired drivers.

Ideas discussed at the meeting included making driving under the influence a felony on the third or fourth conviction within 10 years, rather than the current law that has it at five. Also discussed were lifetime driving bans after a certain number of DUIs, roadside sobriety checkpoints and mandatory installment of interlock devices installed on cars after someone is charged, rather than convicted.

Goodman noted the significant costs that would be associated with lowering the felony threshold, saying that lowering it to the third conviction would cost about $200 million for construction of a new prison to confine the number of drunken drivers.

“These proposals are tough in our current fiscal climate,” he said. Lawmakers are nearing the end of a 105-day legislative session where they are tasked with balancing a budget deficit of more than $1.2 billion while adding more money to the state’s basic education system.

But Frank Blair, whose 24-year-old daughter Sheena was killed by a drunken driver in 2010, said that costs can’t measure loss.

“At some point these people need to be removed from society because they kill us,” he told the group.

Goodman and other lawmakers involved with the issue from the Senate and House met with Gov. Jay Inslee Tuesday afternoon to discuss what ideas could be included in legislation. The Senate had already carved out time for a Thursday morning hearing on a newly-introduced, title-only bill on driving under the influence, but Republican Sen. Mike Padden of Spokane Valley, the sponsor of that bill, said that hearing was now likely to be a work session as they continue to decide what might be included in a bill.

Padden said he hopes a bill could be ready within the next week. Goodman said that the next step was for each of the lawmakers in the meeting with Inslee – himself, Padden, Republican Rep. Brad Klippert and Democratic Sen. Adam Kline – would be to go over the ideas discussed and communicate with Inslee’s staff within the next two days to further discuss what the bill might look like.

Goodman said that while the state has passed several laws to increase penalties for drunken drivers, in light of recent deadly accidents, “there’s a compelling state interest here to improve road safety.”

Last month, a suspected drunken driver slammed into a family crossing the street in a residential Seattle neighborhood, a crash that critically injured a 10-day-old child and his mother and killed his grandparents.

Karina Schulte, 33, and her son remain in the intensive care unit, said Susan Gregg, a spokeswoman for Harborview Medical Center in Seattle. Grandparents Dennis Schulte, 66, and Judith Schulte, 68, died at the scene.

Mark Mullan, 50, was ordered held on $2.5 million bail pending an arraignment Thursday. He had prior DUI arrests, was driving on a suspended license at the time of the crash, and was supposed to have an interlock device on his truck, but did not.

Last week, a Seattle woman was killed in a crash with a wrong-way driver on Highway 520 near the University of Washington. Michael A. Robertson, 25, has been charged with vehicular homicide and ordered held on $1 million bail. Police and prosecutors say Robertson was driving under the influence when he crashed head-on into a car driven by 58-year-old Morgan Williams on Thursday.

Inslee said earlier in the day that he wants to see changes including more resources to prosecute drivers. He also said that the idea of putting interlock devices on cars immediately after arrest was potentially a “sensible approach.”

“What I would like to see is the most aggressive approach to alcohol impaired drivers as humanely possible here,” he said. “Alcohol-impaired drivers are just like a ticking time bomb that a terrorist would have.”

Padden said that while drunken driving deaths have dropped in the state over the years, “we could do more.”

“Our goal should be zero deaths, ” he said.

Washington state Patrol spokesman Bob Calkins said that there are about 40,000 DUI arrests a year, half made by the patrol, the other half by local law enforcement.

In 2011, the most recent data available, there were 454 traffic accident fatalities, 199 of which a driver was impaired by either drugs or alcohol, he said. Of that 199, 135 were impaired by alcohol only. In 2007, of 571 total traffic fatalities, 272 involved people who were impaired while driving.

“It’s been coming down steadily,” Calkins said.

No April Fool’s here: wins for my clients

I just received two letters from the Washington Department of Licensing (“DOL”) that I won administrative hearings for two clients.

Few people realize drivers arrested for DUI face both criminal charges AND an administrative action before the DOL.  Statutes give DOL authority to suspend or revoke a driver’s license for 90 days to two years if, after being arrested for DUI.  The arresting police officer submits a report to DOL saying the driver either refused a breath or blood test or tested above the legal limit.  Even if the driver wins their criminal case, has a judge throw out the state’s case, or pleads guilty to a lesser charge, DOL still suspends the driver’s license if the driver loses the DOL hearing.

Losing a DOL hearing means the driver has to drive for at least 90 days with a breath test machine in their car, has to get expensive SR-22 insurance for at least three years, and has his or her driver’s license suspended or revoked for anywhere from 90 days to 2 years.

In the first case, I successfully argued a Seattle Police Department DUI squad officer illegally stopped my client after seeing my client drive briefly at night without his lights on.  After the client turned his lights on, and drove another 1/3 of a mile, the officer stopped him and immediately started a DUI investigation.  The DOL hearing examiner ruled this “was an unlawful stop.”

In the second case, I successfully argued that the DOL shouldn’t consider a driver’s breath test results because they were invalid after police stopped a driver on the WSU campus, arrested him for DUI, and had him complete a series of breath tests.  The police officer charged the driver with a DUI and reported him to DOL for having test results of .08 or more.  I argued the driver’s series of breath tests didn’t meet statutory standards for courts or a hearing examiner to consider the breath tests valid.  The DOL hearing examiner agreed, and ruled there was insufficient proof the driver was at or above a .08.

In many cases, figuring out a way to win the DOL hearing is more challenging than solving a criminal DUI charge.  This is because the DOL administrative hearing process is relaxed and designed to favor the Department of Licensing.  These cases show how thorough preparation, advanced teaching/training, and determined advocacy — collectively hallmarks of successful DUI defense — generate positive client results.

Montana considers setting pot limits for drivers

(Helena, MT – YPR) -Transportation Nation-

Montana lawmakers are considering whether to join a dozen other states in setting a legal limit for the psychoactive ingredient in marijuana in its DUI laws. “This bill is not an anti- or

pro-marijuana bill,” says House Bill 168’s sponsor David “Doc” Moore, R-Missoula. “It’s about impaired driving.” The bill seeks to set the legal limit at 5 ng/ml of delta-9 tetrahyrocannabinol. It’s

the same limit set in Montana’s medical marijuana laws.

He says now that Montana’s neighbors — Washington and Colorado — have legalized the recreational use of marijuana, he’s concerned impaired drivers may be traveling through the state.

Montana Highway Patrol Sargent Curt Sager trains law enforcement officials in drug recognition. He says while DUI cases involving alcohol are on the decline in the state, marijuana continues to escalate.

He told the Senate Judiciary Committee in 2010 that 372 of the DUI cases involved marijuana; in 2011 that rose to 476; and last year it grew again to 486 cases.

Sager adds the numbers are growing for DUI fatalities involving marijuana. He says they now account to ¼ of the cases.

“So obviously this is a very dangerous, deadly problem that we’re encountering on our roadways,” he says.

He says setting a legal limit for Delta-9 THC for marijuana is based on the .08 blood alcohol content (BAC) in the DUI laws.

Retired chiropractor Pat Pardis is a member of the Montana Cannabis Information Association. He’s against the bill, saying science is inconclusive as to whether the 5 ng/ml limit is accurate to designate an impaired driver.

“We do not believe that per se laws really improve safety on the highway,” he says. “It may make it easier to put somebody in jail or into a treatment program.”

HB 168 passed through the Montana House on a 80-18 vote. The Senate Judiciary Committee did not immediately act on the bill.