We have all seen it. You are tooling down the freeway on a bright sunny day when the traffic starts to slow. Then it is stop and go for a mile or two.
Your anger builds as you stew about the things you need to do, and you slowly realize how late you are going to be. Then, up ahead, you see the red and blue lights flashing. As you inch through the traffic closer to the scene, you forget your own personal problems as you realize the seriousness of this car accident. Finally you get to the scene of the accident and slowly pass it. You have just enough time to get a good look at the smashed and twisted cars, the police getting information for their reports, and the ambulance crews loading up the injured. The next day you read about it in the paper - another fatality caused by a drunk driver.
As a result of accidents like these, Washington State has enacted a number of stringent laws designed to try to keep drunk drivers off the road. In certain individual cases, these laws may seem harsh. On the other hand, our current laws are often criticized by the victims of drunk drivers as being much too lenient or ineffective. Overall, our drunk driving laws are of considerable help in reducing fatalities and injuries caused by people who drink and drive.
Under Washington law, you will be found guilty of driving under the influence of alcohol after driving under the influence (DUI) if your blood or breath alcohol concentration is .10 percent or higher. Even if your blood alcohol is less than .10, you can be found guilty of drunk driving if a police officer finds that your ability to drive has been impaired by alcohol.
If you have been pulled over by the police, do you have to submit to a breathalyzer test? You are, in fact, required to undergo such a test if the officer who pulled you over has reasonable grounds to suspect that you are intoxicated. If you refuse the test under these circumstances, your driving license will be revoked for up to two years.
For your first DUI with a blood alcohol level of between .10 and .15, you can get one day to one year in jail, fines of between $685.00 and $8,125.00, and a 90-day license suspension. If your blood alcohol level is above .15, or you refuse to take the breathalyzer test, you can get two days to one year in jail, a fine starting at $925.00, and a 120-day license suspension.
If you have a second DUI incident within a 5-year period where your blood alcohol is under .15, you can get 30 days to one year in jail, a fine between $925.00 and $8,125.00, and a one-year license revocation. If you have a second DUI where your blood alcohol is above .15, or you refuse to take breathalyzer test, your jail time can be 45 to 365 days, your fine will be between $1,325.00 and $8,125.00, and you will lose your license for 450 days.
Alcohol related expenses are normally kept on your driving record for 10 years. People convicted for DUI may get "probationary" licenses for five years.
If your license is suspended, you can get it reissued after the suspension period. If it is revoked, however, you have to undergo re-testing before your license can be reissued.
If you are convicted of a DUI a second time, the vehicle you are driving may be seized and forfeited to the state.
It is against the law to consume alcoholic beverages in a moving vehicle, or to have an open container of alcoholic beverages within the reach of a driver or passenger. An open container may, however, be carried in the truck of a car (but not the glove box).
If a victim of a drunk driver dies from his or her injuries within three years of the accident, the driver can be fined up to $20,000.00 and imprisoned for a maximum life term. In such a case, if the driver is released from prison after serving his or her sentence, the driver's license will remain revoked for two years after completion of the prison term.
If the victim is seriously injured but does not die, the drunk driver may be charged with assault. In such a case, the fine can be up to $10,000.00, jail time up to 10 years, and the revocation will extend one year after completion of the prison term.
Most drivers who are cited for drunk driving try to get accepted into a program called "deferred prosecution". In these cases, the driver essentially has to admit to the drunk driving. Prosecution is deferred, however, as long as the driver successfully completes a strict 2-year drug or alcohol treatment program. Deferred prosecution is available only for those who believe that their drunk driving was caused by alcoholism or a mental health problem. You can qualify for deferred prosecution only once in five years.
When a driver is charged with a DUI, they can ask for a trial in court. The cost for attorney fees, fines and court costs may be several thousand dollars. In addition, the court may order alcohol evaluations, alcohol information school and/or treatment for alcoholism, which can add up to thousands of dollars of additional expenses.
What's the moral of this story? Obviously, if you have been drinking, you should not drive under any circumstances. Do whatever you need to do to have someone else take you home, or sleep it off before you get back on the road.