Changes to Washington DUI Sentencing Laws Coming January 1, 2022

By Ember Law | October 13, 2020

When the Washington Legislature updated RCW 46.61.5055, amongst others, it made some important updates to how individuals are sentenced for DUI or Physical Control. While not comprehensive, this post will cover the substantive changes and hopefully help you understand the law a little better. First Offense / No Prior Offenses Within 7 Years If you were convicted of DUI, it...

Driving While License Suspended (DWLS)

By Ember Law | September 6, 2019

There are three types of Driving While License Suspended (DWLS): Third Degree Driving While License Suspended in the Third Degree (DWLS-3) is the most common crime of driving while your license is suspended. This is misdemeanor in Washington, meaning it is punishable up to 90 days in jail and a $1,000 fine, though it rarely results in jail time. DWLS-3...

Caution With Electric Scooters

By Ember Law | August 27, 2019

We have noticed an increase in calls regarding people who were riding electric scooters who have been hit by motor vehicles. This often happens when the person is riding in a protected bike lane, and the vehicle driver makes a turn. It seems that the drivers simply don’t see the person on the scooter. To make yourself more visible, we...

Negligent Driving

By Ember Law | August 20, 2019

Negligent Driving in the First Degree (Neg 1) Negligent Driving in the First Degree is a misdemeanor, punishable by a maximum of 90 days in jail and $1000 fine. A person is guilty of this offense if they (1) operate a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or...

If The Police Ask, Do I Have to Get Out of The Car?

By Ember Law | August 10, 2019

In Washington, a police officer may direct a driver (that’s you – probably) to step out of the vehicle, even for an infraction. The Supreme Court has held that such a request is a “de minimis” violation of your Fourth Amendment rights, and is therefore allowed. However, in order for a request to exit the vehicle to be constitutional, the...

DUI & Physical Control Probation

By Ember Law | August 1, 2019

Courts impose a number of mandatory and case-specific conditions on a defendant when ordering probation. Some require affirmative acts – such as getting a drug and alcohol evaluation, completing recommended treatment, and participating in a victim impact panel. Other conditions are prohibitive – do not refuse a valid request for breath or blood to determine alcohol concentration, do not drive...

Physical Control – DUI Without the Driving

By Ember Law | July 3, 2019

Washington imposes DUI-like penalties when one operates a motor vehicle, even if that person isn’t actively driving. Defendants are often charged with Physical Control when they alleged to be intoxicated and in a stationary vehicle. What is Physical Control? “Physical Control” is not defined by statute. Our courts have determined one to be in Physical Control when they are “in...