Dui Arrests Show Spike With New .08 Law Washington State Patrol Lieutenant Doesn’T Expect Dui Stops To Increase In ‘99

Tue., Jan. 12, 1999

By Tom Sowa toms@spokesman.com (509) 459-5492

Washington state’s tough new drunken driving laws didn’t cause a dent in the number of Spokane drivers arrested for DUI during 1999’s first week.

Despite heavy publicity about the changes, patrol officers cited 48 people in Spokane County for DUI between Jan. 1 and Jan. 5 this year.

A year ago in the same period, 35 county drivers were arrested for DUI.

Some officials predicted courts would see a decline in DUI cases as fewer drivers tested their luck against the new laws.

Others anticipated a jump in DUI arrests because more drivers who are moderately intoxicated will score high enough to be legally drunk on a breathalyzer test.

It’s too soon to reach a conclusion about the laws, said Lt. Charlie Schreck of the Washington State Patrol.

“I think you have to wait at least a full month to get any numbers that can gauge the impact,” he said.

The biggest change in DUI laws that went into effect Jan. 1 was the lowering of the legally drunk standard from .10 percent of the blood alcohol level to .08 percent.

Judges also gained broader authority to force drivers to use ignition-locking devices or be placed on electronic home monitoring after a DUI conviction or refusing a breath test.

County District Court officials couldn’t say how many of the first 48 DUI arrests this year involved breathalyzer tests scoring between .08 and .10.

Schreck said he doesn’t expect the .08 law to lead to more DUI stops by patrol officers over the course of 1999.

Patrol officers don’t carry breathalyzer equipment in their cars.

“Things haven’t really changed,” he added. “An officer has the authority to pull over anyone on probable cause of DUI,” he said.

The breath test only takes place after an arrest.

Before this year, many drivers scored below .10 on a test but were still convicted by a jury on the basis of the officer’s testimony.

The big difference now will be the impact on drivers who score a .08 or a .09 on a breath test - a result of three drinks in 90 minutes for many drivers.

Last year that driver could fight a DUI conviction by agreeing to plead guilty to a lesser offense.

“What changes are how prosecutors respond (to a .08) score,” Schreck said.

Now that driver with the .08 or .09 will have little room for bargaining, he added.

About 2,000 Spokane-area drivers took breathalyzer tests in 1998, according to State Patrol records. About 83 percent of those tests showed blood alcohol exceeding .10 percent.

Roughly 7 percent were in the .08 to .09 range, he said. The other 10 percent scored lower than .08 percent.

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