Skip to main content

Washington State Drinking Laws You Might Not Know About

Written by David O
Leave a Comment
Washington State Drinking Laws You Might Not Know About

Have you ever been to a restaurant or bar and noticed the bartender just keeps serving an obviously intoxicated person more drinks?  Sure it seems the patron accepting the drinks is on cloud 9 having a great time and the bartender hopes their tip will increase with each new drink made, but what both of these people are unaware of is that over service of alcohol is illegal in the State of Washington.  Or have you ever seen a bartender turn and take a quick shot during a hectic night of work?  Seems like they should be allowed to drink when the bar is that crazy busy, however, drinking while at work is illegal too.

Here are a few Washington State laws pertaining to drinking alcohol that you might not know about.

1.  Over Service of Alcohol (RCW 66.44.200, WAC 314.16.150)

  • Alcohol may not be sold to an individual that is intoxicated.
  • An individual that is obviously intoxicated may not possess alcohol, open or unopened.
  • All alcohol must be removed from an overly intoxicated individual and further service of alcohol must be refused.
  • An intoxicated customer may remain at your business as long as they do not possess alcohol, this allows time for them to sober up and prevent situations like DUI (driving under the influence).

2.  Disorderly Conduct by Business Owners, Staff, or Customers (WAC 314.11.015)

  • Businesses can not allow disorderly conduct by customers, owners, or employees, they must call police if a fight breaks out etc.
  • No owner or employee may drink alcohol while working, this includes on site DJ’s, musicians, and karaoke operators.
  • Business owners and employees are not allowed to be intoxicated at their place of employment no matter if they are working or not working.

3.  Minors, Individuals Under The Age of 21(RCW 66.44.270, RCW 66.41.310, WAC 314.11.020, WAC 314.16.150)

  • Alcohol may not be sold to an individual under the age of 21 years.
  • Individuals under the age of 21 are prohibited to possess alcohol, even if the alcohol container is closed or sealed.
  • Minors are not allowed in age-restricted areas, taverns, or lounges.

Establishments that do not abide by these laws and have histories of DUI, complaints, and police referrals are often targeted by the Washington State Liquor Control Board.  The Liquor Control Board will monitor these businesses through undercover operations to observe and watch for law violations.  They will also investigate through compliance checks where they will send minors into establishments to purchase alcohol.  If laws are broken, the Liquor Control Board may issue fines, revoke licenses, and in worst case scenarios, shut a business down.

 

Written by S.O

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , , , , , , , , , , , , , ,

High School Bus Driver Charged with DUI, Reckless Endangerment, and 36 Counts of Child Abuse

Written by David O
Leave a Comment
High School Bus Driver Charged with DUI, Reckless Endangerment, and 36 Counts of Child Abuse

Unbelievable newsworthy story originating out of Westminster Colorado, where high school bus driver, Burton Carpenter, allegedly consumed alcohol before getting behind the wheel of the bus to drive 30 high school football players to their September game.  Needless to say, police were called and Carpenter was arrested for DUI (Driving Under the Influence).

According to a Mountain Range football coach, Carpenter was so intoxicated that he couldn’t drive the bus straight, he was straddling lanes, and had to be directed back into the school parking lot where he crashed into a parked pickup truck.

A bystander claimed, Carpenter gloated that he had been drinking vodka from a 32oz. Gatorade bottle.

When Colorado police arrived on the scene, they noted Carpenter’s eyes were bloodshot, his speech was slurred, and when he exited the bus he fell down the steps catching himself on the side of the bus.  Police reported his BAC (Blood Alcohol Content) level was .20, over twice the legal DUI limit and claimed Carpenter openly admitted to drinking Vodka before driving.

Carpenter was arrested and taken to the police station.  In addition to being charged with DUI, Burton Carpenter was also formally charged with reckless endangerment and 36 counts of child abuse.  He is due back in court sometime in December.

The Adams School District reported they run criminal background checks on all bus drivers and Carpenter’s was clean when they hired him under a year ago.  However, police discovered he had lost his prior job as a nurse due to substance abuse problems.

My guess is Burton would be a good candidate for a deferred prosecution.  In Washington State, a deferred prosecution is a special program for those suffering with alcoholism.  The deferred prosecution is a five-year program which includes court supervision, monitoring and two years of alcohol/drug treatment.  If an individual successfully completes the five-year program without any violations the charge of driving under the influence (DUI) will be dismissed.  This is a great program for some because it creates a win win.

 

Written by S.O

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

New Driving Under the Influence (DUI) Laws

Written by David O
Leave a Comment
New Driving Under the Influence (DUI) Laws

Unfortunately every year there are fatal car accidents caused by drunk drivers.  However, this year has been different, Washington State lawmakers filed over a thousand pages of new driving under the influence (DUI) legislation within the months of March through June.

This mad rush of lawmaking was the aftermath of two tragic DUI related cases in the Seattle area.  Governor Inslee, lawmakers, and the “public” have been demanding tougher laws against drunk drivers ever since.

Many of the ideas proposed in early drafts had a lot of public and lawmaker support but were completely unrealistic as actual policies.  A popular proposal was to require special licenses or ID cards for people with DUI history to prohibit their purchase of alcohol.  This proposal appeared quite ineffective considering current Washington State law allows the use of various forms of identification for the purchase of alcohol, including passports and military ID’s.

Another popular proposal that went nowhere was the requirement for all drivers arrested for DUI to have an ignition interlock device installed in his/her vehicle while contained at the impound lot.  The vehicle would remain impounded until the ignition interlock devices was installed properly.  This proposal quickly didn’t pass because of testimony provided by representatives from ignition interlock companies that it was not feasible to install devices off site.

The two mentioned proposals did not pass into law this session.  However, new DUI law, Engrossed Second Substitute Bill 5912, passed and will become effective September 28, 2013.

As a result of 5912 there will be additional mandatory jail time for a DUI driver who had a child passenger.  A court sentencing under the new DUI law must consider whether or not a driver had a passenger under the age of 16 years in the vehicle at the time of the incident and impose additional jail time if they did.  For a DUI driver with no DUI history, this additional mandatory jail is 24 hours.  For a DUI driver with prior DUI history the additional mandatory jail is five days (one prior DUI) and ten days (two or more prior DUI offenses).

Also, 5912 impacts drivers with DUI history at the time of arrest and during pre-trial conditions of release.  During a DUI arrest, if the officer has knowledge of the individual having a prior DUI offense within 10 years, 5912 requires that driver to be booked into jail and held until released by a judge.  Any judge setting pretrial conditions of release for a person with a prior DUI is required by 5912 to impose an installation of an ignition interlock device.  The law does not allow for removal of the device until acquittal or dismissal of the DUI charge.

Driving under the influence laws are ever-changing.  If you or anyone you know is accused with DUI call David O Defense Criminal and DUI Litigation to schedule a free consultation.

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,