Impaired Driving. A person commits the crime of driving while under the influence (DUI) of intoxicating liquor, marijuana, or any drug if the person drives a motor vehicle:
The same factors apply for the crime of being in physical control (PC) of a motor vehicle while under the influence of intoxicating liquor, marijuana, or any drug if the person has actual physical control of a vehicle.
A DUI or PC criminal offense is punishable as a gross misdemeanor if the person has fewer than three prior DUI or PC convictions within seven years. It becomes a class B felony for a DUI offense, and a class C felony for a PC offense if a person has three or more prior convictions within ten years.
Prior offenses include convictions for:
The 10 year look back period for a person with three or more prior DUI or PC offenses is changed to a 15 year look-back, increasing the penalty from a gross misdemeanor to a felony offense for any person who has three or more prior DUI or PC offenses within that time.
PRO: During the pandemic traffic is down 10 percent or more and yet impaired driving is up substantially. The need for this legislation is stronger than ever. King County, being the most populous county, has a lot of DUI cases. There is no one more dangerous to our community than a repeat DUI offender. This is not about their addiction, this is about their getting behind the wheel of a car. Traffic deaths rose during the pandemic. Washington prosecutors first duty is to the safety of the community. It is a shame when we can not prosecute a felony because it is outside the time limit. We want to hold these repeat DUI drivers accountable. The inevitable result of them continuing to drive impaired is death or injury.
CON: A fundamental aspect of a 10 versus 15 year look-back is fairness. Many DUI drivers have an addiction disorder. A misstep after 12 plus years after clean sober living puts an unfair burden on persons suffering from an addiction. The current 10 year look-back has the appropriate balance because it favors the rehabilitative aspect of the law.
PRO: This bill is a public safety matter. Almost everyone has been touched by the tragedy DUI-related accidents and this bill is a step in the right direction as it protects the public from repeat offenders. It is fiscally prudent to pass this bill since in prior years there have been $930 million in losses related to impaired driving offenses. These include medical and job loss expenses. DUI recidivists are a drain on resources and the current short look-back period is not sufficient. Increased accountability will help bring down costs over time.