Ethics and the Law
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Ethics and the Law
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DUI LAW OVERVIEW In Washington State driving while under the influence (DUI) applies to any instance where a person operates a motor vehicle on the public road while "under the influence" of alcohol OR drugs. Although alcohol usually gets the most attention, and there is a more established method of measuring the amount of alcohol consumed, the number drugged driving cases are increasing. Officers are getting more and better training on the symptoms and behaviors associated with certain levels of toxicity of different drugs or combinations of drugs. In addition, one need not actually be "operating" a motor vehicle to be arrested and convicted. There is also a law addressing "physical control", aimed at persons under the influence while in control of a non-moving vehicle. The consequences for conviction of either are identical. One other important aspect of the Washington State DUI policy is the authority of the state to suspend or revoke a persons drivers license administratively when they are arrested for DUI. The principle is simple. Driving is a privilege not a right. By accepting a license to drive a person is essentially entering into a contract with the State (e.g. the public) to abide by the laws governing the safe and responsible operation of a motor vehicle. If a person is stopped for investigation of DUI or physical control, and:
Their license will be automatically administratively suspended or revoked. For those who fail the BAC test, the length of suspension or revocation will depend on their driving record and their BAC reading at the time of arrest. The revocation period for those who refuse is always longer than for those who are tested and fail. This administrative license suspension (ALS) action is totally separate from the criminal charge the person may face, which may result in other consequences and conditions on top of the administrative loss of license. There is one other important element to Washington State's DUI policy that must be emphasized. Washington law includes assessment and treatment as critical part of the intervention offenders face if convicted. In addition to giving the court the authority to require assessment and refer offenders to treatment, the Department of Licensing is prohibited from reinstating the license of persons who don't get assessed and complete the education or treatment the assessment requires. That requirement makes the chemical dependency treatment system an important partner with the criminal justice system and the Department of Licensing in serving the client and protecting the public safety.
LINKS TO THE LAW Listed below are a number of the more important laws that may
apply when a person drives while under the influence of alcohol or other
drugs. To view or download a copy of the law referenced, click on
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