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New DUI Laws in Seattle Washington for Conditions of Release From Jail

Posted by Kevin Trombold DUI Defense Attorney | Dec 09, 2013 | 0 Comments

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Mandatory Conditions of Release in Seattle Washington for DUIs

The new frontier for DUI Defense attorneys in Seattle, Everett, Tacoma and all of Washington will involve more strict conditions of release.  Newly enacted laws from the last Washington legislative session dictate for judges to clamp down harder on people charged with conditions of release.  Here's one of the statutes that I'll let you read yourself because it says it all:

RCW 10.21.055 -

Conditions of release — Requirements — Ignition interlock device — 24/7 sobriety program monitoring.

(1) When any person charged with or arrested for a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, in which the person has a prior offense as defined in RCW 46.61.5055 and the current offense involves alcohol, is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release shall require, as a condition of release, that person to

(a) have a functioning ignition interlock device installed on all motor vehicles operated by the person, with proof of installation filed with the court by the person or the certified interlock provider within five business days of the date of release from custody or as soon thereafter as determined by the court based on availability within the jurisdiction; or

(b) comply with 24/7 sobriety program monitoring, as defined in RCW 36.28A.330; or both.

(2) Upon acquittal or dismissal of all pending or current charges relating to a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, or equivalent local ordinance, the court shall authorize removal of the ignition interlock device and lift any requirement to comply with electronic alcohol/drug monitoring imposed under subsection (1) of this section.

Nothing in this section limits the authority of the court or department under RCW 46.20.720.[2013 2nd sp.s. c 35 § 1.]

You might be wondering what 24/7 sobriety programs are?  There is no answer for that yet.  They don't exist yet.  But here is the statute that defines those:

RCW 36.28A.330 -

24/7 sobriety program definitions.The definitions in this section apply throughout RCW 36.28A.300 through 36.28A.390 unless the context clearly requires otherwise.

(1) "24/7 electronic alcohol/drug monitoring" means the monitoring by the use of any electronic instrument that is capable of determining and monitoring the presence of alcohol or drugs in a person's body and includes any associated equipment a participant needs in order for the device to properly perform. Monitoring may also include mandatory urine analysis tests as ordered by the court.

(2) "Participant" means a person who has one or more prior convictions for a violation of RCW 46.61.502 or 46.61.504 and who has been ordered by a court to participate in the 24/7 sobriety program.

(3) "Participating agency" means a sheriff's office or a designated entity named by a sheriff that has agreed to participate in the 24/7 sobriety program by enrolling participants, administering one or more of the tests, and submitting reports to the Washington association of sheriffs and police chiefs.

(4) "Participation agreement" means a written document executed by a participant agreeing to participate in the 24/7 sobriety program in a form approved by the Washington association of sheriffs and police chiefs that contains the following information:

(a) The type, frequency, and time period of testing;

(b) The location of testing;

(c) The fees and payment procedures required for testing; and

(d) The responsibilities and obligations of the participant under the 24/7 sobriety program.

(5) "24/7 sobriety program" means a twenty-four hour and seven day a week sobriety program in which a participant submits to the testing of the participant's blood, breath, urine, or other bodily substances in order to determine the presence of alcohol, marijuana, or any controlled substance in the participant's body.

[2013 2nd sp.s. c 35 § 26.]

While this law is evolving know that the arraignment is going to be an important hearing for all people charged with DUI.  Call a DUI attorney long before you go.

Our office line is available 24/7 unlike the actually program that is mandated but doesn't exist yet. Call us 206-971-0067.

About the Author

Kevin Trombold DUI Defense Attorney

Highly rated by former clients, who praise his warm, knowledgeable courtside manner and his fierce determination to reduce or eliminate charges. An accomplished speaker, author, and leader in DUI defense statewide Kevin is well respected by judges, prosecutors, and other attorneys across the State of Washington for his expertise, integrity, and knowledge in the complicated forensic science area of impaired driving allegations.

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