Trombold DUI Defense : DUI Resources : Recent Changes in Washington DUI Law

Summary of House Bill 2660
The new DUI laws took effect on June 10, 2004. The highlights include the following:

All breath tests are now admissible in evidence. Before this law was enacted, defense attorneys would win motions to exclude breath tests if they could show that police had not followed the procedures for maintenance and accuracy on the machines. This is a major blow to this defense tactic, but it may still be possible to suppress breath tests.

All DUI convictions (and deferred prosecutions) now require an ignition interlock be installed on cars (except work vehicles) for one year. This is a major event for ignition interlock companies that causes some concern. Ideally, the science and accuracy of these devices will improve at an equal pace to the expected income the interlock companies will recieve from this legislation.

A new type of license has been created, the temporary restricted license (TRL), formerly the occupational license. More people are eligible for the TRL (home health care, stay at home moms) but they require an ignition interlock. Also eligible are students who drive to school, and people driving to treatment, or to health care appointments for themself or others.

Refusal cases are now eligible for temporary restricted licenses. This is a big change. The Department of Licensing is considering how long they will require drivers to wait before becoming eligible for the TRL. We are predicting a 90 day period before they will be issued on a refusal case. In breath test cases, the same 30 day period must pass before they will issue a TRL.

Police now may seek a warrant to obtain a person's blood. And the number of people who qualify to draw blood has increased.