When someone is charged with DUI in Washington, a judge can order you to restrict your use of drugs and alcohol while your charges are sorted out. How the judge can check up on your use is still being argued after a 2017 decision ruling. The Washington State Supreme Court rules that random urinalysis tests for those accused of DUI but are not yet convicted, are unconstitutional.
Another finding by the state's highest court was that people may only be tested prior to their trial for felony charges or those who have prior convictions for driving under the influence.
Bill Would Allow Random Urinalysis Tests for DUI Offenders
In December 2017, Sen. Mike Padden introduced a bill allowing judges to order random urinalysis tests for those accused of drunk driving.
When the Washington Supreme Court ruled against the random tests, Spokane attorney Michael Vander Glessen argued the case. His reaction to Padden's bill was disdain. Padden's Bill 5987 provides for these random tests. Vander Glessen viewed the new bill as an act of disrespect to the judicial process and of the role of the Washington Supreme Court. Leaders for the American Civil Liberties Union of Washington shared Vander Glessen's sentiments.
Padden, a former Spokane County District Court judge, aims to empower judges with his bill. His bill aims to give judges confidence in releasing more people from jail before their trial because if his Bill is passed, the thought is defendants will be compelled to follow the court's restrictions.
Other tactics offered from opponents to this practice is the bracelet that defendants can wear, which will detect alcohol consumption and transmit the findings to monitoring services. Representatives of the ACLU supports more pretrial and bail reform efforts statewide but not all the practices. Some of these initiatives include developing algorithms to assess defendants' potential to re-offend. Tools to assess these are being studied as Spokane emerges as a pilot project for these pretrial practices.
Help With Your DUI Charges
If you are charged with DUI and have been instructed to restrict drug use and alcohol use, following court orders is important to your case. If you have had your license suspended, following the rules laid out for you by the court is not negotiable. If you have other questions about your DUI charges and the best way to fight them, an experienced lawyer who understands DUI law in Washington and the courts will be your greatest asset.
Steve Karimi is a former prosecutor and has been on the other side of the courtroom working to get the highest penalties possible for DUI offenders. Today, he is working for people just like you, helping Washingtonians overcome their DUI charge. He knows the ins and outs of how to win with a strong defense. Get the answers you need so that you can begin sleeping well again. A DUI charge is serious. Call today to find out your best defense.