In August 2017, professional skateboarder Cory Kennedy was behind the wheel when he crashed into two trees 17 miles south of downtown Seattle. The crash resulted in injuries to one passenger and the death of another passenger. Mr. Kennedy was found to have been drunk and high at the time of the crash. He also admitted to speeding before the accident. Mr. Kennedy was charged with DUI, vehicular assault, and vehicular homicide. This past week, he was sentenced to four years in prison for the fatal crash with an additional year of “home monitoring” after his release.

DUI Laws in Washington

Washington takes driving under the influence crimes very seriously. A person in Washington is guilty of driving under the influence “of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:

• And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood; or
• The person has, within two hours of driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood; or
• While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
• While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.”

The other DUI law in Washington is known as a “Physical Control of the Vehicle DUI.” A DUI involving physical control of the vehicle sounds very similar to the above stated DUI law. For example, in Washington, “a person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

• And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood; or
• The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person's blood; or
• While the person is under the influence of or affected by intoxicating liquor or any drug; or
• While the person is under the combined influence of or affected by intoxicating liquor and any drug."

Sounds nearly identical to the preceding DUI law, right? The primary difference between these two laws is the terminology “driving while under the influence” and “physical control while under the influence.” Physical control basically means that a person does not have to be driving the vehicle to be charged with a DUI. “A person sitting in a parked vehicle with the keys in the ignition when the engine is not running could be arrested for DUI under physical control.”

The Law Offices of Steve Karimi Can Help

An arrest for a DUI does not have to end up in a conviction. The best way to avoid steep penalties associated with DUI's is with the help of an experienced lawyer. Attorney Steve Karimi is a former King County prosecutor who now works to defend the rights of those accused. Contact the Law Offices of Steve Karimi today.