Police Use Old DUI Form

 

Vancouver WA DUI Attorney

The Washington State Patrol has not updated their Implied Consent Warning form they use during a DUI arrest. Implied Consent Warnings are explained to you prior to you choosing whether or not to take the BAC breath test. There is a whole body of law regarding these warnings, which are one of the most argued issues in DUI law. These warnings are very technical and courts require that they are accurately given to allow a driver to make an informed decision whether or not to take the test.

If a driver chooses not to take the BAC test, then they are warned that their license will be suspended for a period of at least a year, depending on ho many prior convictions the driver has within the past 7 years.

It is surprising to learn that the Washington State Patrol still uses the old form from before Initiative 502 passed in December 2012.  Initiative 502 legalized the possession of under an ounce of marijuana while criminalizing driving under the influence of a specific amount.

The current implied consent form, which should give a driver a detailed description of the law does not mention the changes that Initiative 502 put in place.

This issue is currently being litigated in courtrooms throughout Washington with mixed results.  It will be a little while before the Court or Appeals or Supreme Court inevitably decide on the issue.

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