DUI Overview - Passenger Involvement


If You Get Arrested For a DUI in Spokane, You Need to Know This... Statistically, you are more likely to get stopped in Spokane or Spokane County for investigation of a driving under the influence (DUI) charge around the holidays, especially times known for celebrations.

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DUI Passenger Involvement

DUI Passenger Involvement

Did you know your DUI penalty could be more severe if you have passengers in the car with you? These persons are extremely vulnerable to the dangerous consequences of an intoxicated driver's actions.

A) If a person who Is convicted of a violation of RCW 46.61.502 (Driving While Intoxicated) or 46.61.504 (Physical Control While Under the Influence) committed the offense while a passenger under the age of sixteen was In the vehicle. the court shall:

1.In any case in which the installation and use of an Interlock or other device is not mandatory under RCW 46.20.720 or other law. Order the use of such a device for not less than sixty days following the restoration of the person's license, permit, or nonresident driving privileges; and

2.In any case in which the installation and use of such a device Is otherwise mandatory, order the use of such a device for an additional sixty days.

B)In exercising Its discretion in setting penalties within the limits allowed by this section the court shall particularly consider the following:

1. The person's driving at the time of the offense was responsible for Injury or damage to another or another's property; and

2. Whether at the time of the offense the person was driving or In physical control of a vehicle with one or more passengers.

C) The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the Influence of Intoxicating liquor or drugs must:

1. If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result Indicating the person's alcohol concentration:

2. Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;

3. Where there has been one prior offense within seven years, be revoked or denied by the department for two years;

D) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;

1. If the person's alcohol concentration was at least 0.15

E) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;

F) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or

G) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or

H) If by reason of the person's refusal to take a test offered under RCW 46.20.308, there Is no test result indicating the person's alcohol concentration:

1. There have been no prior offenses within seven years, be revoked or denied by the department for two years;

2. Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or

3. Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.

My Legal Commentary

The State is especially concerned about the physical and emotional welfare of passengers who frequently are relatives or close friends of the driver. These persons are extremely vulnerable to the dangerous consequences of an Intoxicated driver's actions.

Please make sure that sober adults are in the vehicle if you have consumed alcohol or have a sober adult take the wheel to avoid more severe penalties.


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Nicholas George - Spokane Criminal Attorney & DUI Attorney

1312 N. Monroe, Suite 263, Spokane, WA 99201
(509) 474-1116
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