King Snohomish County DUI Lawyer:  New law places 12-hour mandatory hold on DUI vehicles

OLYMPIA, Wash. - A new law takes effect at midnight Thursday requiring vehicles driven by DUI suspects to be towed away and, with few exceptions, to be placed on a mandatory 12-hour hold at the towing company.
Under the new law, officers will no longer have the discretion to let a sober friend take over the wheel, or a family member pick up the vehicle at roadside, said State Patrol Chief John R. Batiste.
"This is about making sure that impaired drivers don't return to their cars and drive again before they've sobered up," Batiste said. "This isn't about trying to punish someone for driving drunk. If they're found guilty that will become the court's job."
The 2011 Legislature passed the law after realizing that police were in a no-win situation.
Many jurisdictions lack jail space in which to book those arrested for drunk driving. After processing, arrested persons are typically released to a responsible adult or allowed to take a taxi home.
But the courts wouldn't allow officers to impound vehicles without considering alternatives to impound or having the driver's permission.
"It was the classic case of being between a rock and a hard place," Batiste said. "We had someone whose judgment we knew was impaired, but we couldn't lock them up, and we couldn't secure their vehicle."
The issue came to a head in 2007, when an impaired driver returned to her vehicle, drove before sobering up and caused a collision. The person she hit was seriously injured, and won a nearly $5 million judgment against Whatcom County and the State Patrol.
Under the new law, vehicles driven by those arrested for DUI will be towed and held for 12 hours. There are three exceptions that would allow someone to reclaim the car before the 12 hours are up:
• If the vehicle is owned by someone other than the arrested person, such as a business owner, the owner may reclaim the car at the tow lot.
• A registered co-owner may go to the tow company and redeem the vehicle.
• Commercial or farm transport vehicles reclaimed by a legal owner who is not the arrested suspect are the only types that can be released at the site of the arrest.
Nearly 40,000 impaired drivers are arrested every year in Washington state.

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For information on your Snohomish County or King County DUI please contact our Snohomish County  or King County DUI attorneys at 425-493-1115, email us at david@davidjollylaw.com,  or check out our main website at http://www.washdui.com or www.mukilteodui.com, www.everett-dui.co, www.marysville-dui.com, www.dui-bothell.com, or www.anacortesdui.com