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Washington Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Washington or Court of Appeals of Washington where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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State v. Sipin - 11/21/2005
Michael Lee Sipin and his friend David Taylor were riding in Sipin's new BMW Z-3 convertible when it crashed and Taylor was killed. The State charged Sipin with vehicular homicide and, at trial, sought to admit computer-generated...

State v. Mills - 11/15/2005
Stacy Robert Mills seeks reversal of district court convictions for driving while intoxicated and driving with a revoked license. We affirm. About 9 p.m. on July 26, 2002, Chehalis Tribal Officer Hobert Pannkuk was traveling...

State v. Harris - 11/10/2005
Gerald Harris was convicted of manufacturing and possession of methamphetamine. On appeal, he contends the court erred by failing to suppress evidence seized during the search of his vehicle. Mr. Harris maintains that the stop was...

State v. Lawhorn - 11/7/2005
JUDGES H Joseph Coleman C. Kenneth Grosse Ronald Cox Unpublished Clyde Lawhorn appeals his conviction for third degree assault and Violation of the Uniform Controlled Substances Act (VUCSA) on four grounds: (1) lack of jury...

State v. Rios-Gonzales - 11/1/2005
Efren Rios-Gonzales appeals his convictions for possession of methamphetamine and for driving while under the influence (DUI), arguing that a trooper arrested him without probable cause to believe he had committed a crime and that...

Benskin v. City of Fife - 10/18/2005
The Benskins appeal a summary judgment in favor of the City of Fife on their negligent supervision claim. On March 9, 2003, probationer Jong Hoon Kim was involved in a hit-and-run accident on State Route 16. The collision killed...

[W] State v. Sipin - 10/17/2005
Michael Lee Sipin and his friend David Taylor were riding in Sipin's new BMW Z-3 convertible when it crashed and Taylor was killed. The State charged Sipin with vehicular homicide and, at trial, sought to admit computer-generated...

City of Spokane v. Beck - 10/13/2005
A court sitting in an appellate capacity can determine whether sufficient evidence supports a conviction for being in physical control of a motor vehicle while intoxicated when the defendant contends the safely off the roadway...

Does v. Bellevue School District #405 - 10/3/2005
School districts must disclose the names of teachers who have been accused of misconduct of a sexual nature, even when the districts have concluded after investigation that the allegations are unsubstantiated or too minor to justify...

State v. Lord - 6/28/2005
Brian Keith Lord appeals his aggravated first degree murder conviction. He argues that the trial court erred in (1) excluding evidence of a bloodhound's track, (2) allowing the State to introduce a photograph of the victim's sister,...

Mills v. Southern - 6/21/2005
Aaron Mills appeals from a trial court summary judgment order dismissing his personal injury lawsuit against Nuprecon, Inc. We affirm. FACTS On January 1, 2001, Mills was injured while riding in a vehicle that was...

City of Spokane v. Whitehead - 6/21/2005
State traffic laws permit only one lifetime deferred prosecution for the gross misdemeanor of driving while under the influence (DUI). RCW 10.05.010(2). The City of Spokane charged Stephen Whitehead under the city DUI ordinance,...

State v. Schulli - 6/20/2005
Lezley Schulli made a motion to dismiss a DUI charge for lack of probable cause. A pretrial motions hearing was scheduled about two months prior to the expiration of the speedy trial period. The arresting officer failed to show up...

State v. McDonnell - 6/13/2005
Because Daniel McDonnell was lawfully detained as a passenger during a traffic stop, McDonnell cannot show his attorney's decision to not challenge the State trooper's request for identification was ineffective assistance of counsel....

State v. Cole - 6/9/2005
Robert J. Cole appeals convictions for attempted first degree assault and driving while under the influence of drugs. The charges stem from police intervention following a 911 call after Mr. Cole armed himself and drove to his...

In re Richie - 6/7/2005
Monte L. Richie was arrested for driving under the influence (DUI) by a Washington State Trooper at an Idaho regional hospital following Mr. Richie's transport from an Asotin County Washington accident scene. This court granted...

State v. Warren - 6/6/2005
An amended criminal charge will relate back to the original charge for purposes of the statute of limitations so long as it arises out of the same facts, and does not substantially broaden the original charge. Here, the State charged...

State v. Reier - 5/31/2005
Jeremy Reier appeals his vehicular homicide conviction. He argues that the trial court erred by admitting his blood alcohol test results because the toxicologist failed to comply with the Washington Administrative Code (WAC) when...

City of Bothell v. Noland - 5/31/2005
Eric Noland appeals a superior court order dismissing his appeal of a municipal court conviction for disorderly conduct. He contends that in light of State v. Tomal, 133 Wn.2d 985, 948 P.2d 833 (1997), the summary dismissal of his...

State v. Carter - 5/26/2005
Robert L. Carter appeals his conviction for first degree unlawful possession of a firearm. Because his attorney's proffered jury instruction on unwitting possessing created an inconsistency that misstated the law, counsel's...

State v. Chenoweth - 5/16/2005
Defendants charged with manufacturing methamphetamine challenged the validity of a search warrant, contending that State agents omitted material facts from warrant affidavits in violation of the Fourth Amendment, but the trial court...

Hibbs v. Town of Sultan - 5/2/2005
This appeal arises from a defense verdict. Appellant Hibbs claimed that the police chief of Sultan fired him in violation of a public policy protecting whistleblowing. The jury found that Sultan had an overriding justification for...

Barker v. Employment Security Dep't of the State of Washington - 4/25/2005
JUDGES Concurring: H Joseph Coleman Marlin Appelwick PUBLISHED OPINION - Motion to publish granted May 31, 2005 Sammy Barker did not commit misconduct disqualifying him from unemployment benefits when he missed work because...

Devine v. State - 4/18/2005
The Department of Licensing failed to provide Appellant Devine a hearing before the revocation of his driver's license took effect, even though he timely requested one. This was a violation of his statutory right to due process. The...

City of Auburn v. Kelly - 4/18/2005
JUDGES: Concurring: Faye Kennedy Susan Agid PUBLISHED OPINION - Motion to Publish Granted May 16, 2005 In these consolidated cases video and audio recordings were made when Edward Kelly and Andrew De Waele were each...

In re Marriage of Breitenfeldt - 4/12/2005
The court awarded Todd Breitenfeldt primary custody of the two children in this family following a hearing. But we cannot isolate the reasons for that decision from this record, nor can we determine whether the appropriate...

State v. Howell - 4/11/2005
Anthony Howell was convicted of homicide by watercraft in the death of his friend Walt McCloskey as the two were boating together on Baker Lake. Howell challenges the trial court's refusal to instruct the jury on supervening causes....

State v. Kalama - 4/5/2005
Faith Erin Kalama appeals her conviction of unlawful possession of a controlled substance (heroin), arguing that the trial court erred in denying her motion to suppress and her right to allocution before imposing sentence. Finding...

Estate of Davis v. State - 4/5/2005
JUDGES: Concurring: Dennis J. Sweeney Stephen M Brown PUBLISHED OPINION - Motion to publish granted June 2, 2005 James Spurgetis, the executor of Matthew Davis's estate, and Mr. Davis's parents sued Stevens County and the...

State v. Griffin - 4/4/2005
Under RCW 46.20.285(4), the Department of Licensing must revoke the driver's license of a criminal defendant who uses a motor vehicle in the commission of a felony. But the revocation of a driver's license under this provision does...

Armstrong v. Masker - 3/30/2005
Jeanene Armstrong, as personal representative of the estate of her son, Matthew Beaulieu, sued Jeremy Masker and his parents for the wrongful death of Beaulieu. Jeremy Masker was driving his parents' car when he hit and killed...

State v. O'Neal - 3/15/2005
In their consolidated matter, William 'Harry' O'Neal, Jesse O'Neal, and Gregory O'Neal appeal convictions of manufacturing methamphetamine. Greg also appeals his convictions of manufacturing marijuana, first degree unlawful...

State v. Blanchfield - 3/8/2005
After a jury convicted William Blanchfield of fourth degree domestic violence assault, the superior court ordered that Blanchfield pay restitution to the victim of his assault. He appeals, arguing that the trial court erred in...

State v. Babiker - 2/28/2005
Babiker Abdel-Rahim Babiker challenges his conviction for vehicular assault, arguing that the trial court improperly admitted the results of his blood alcohol test. Additionally, Babiker argues that the prosecutor committed misconduct....

[W] State v. Sipin - 2/14/2005
Michael Lee Sipin and his friend David Taylor were riding in Sipin's new BMW Z-3 convertible when it crashed and Taylor was killed. The State charged Sipin with vehicular homicide and, at trial, sought to admit computer-generated...

State v. Dykstra - 2/8/2005
Concurring: Frank L. Kurtz, Stephen M Brown PUBLISHED OPINION - Opinion ordered published April 19, 2005 A jury convicted George Dykstra, Jr. of five counts of first degree theft for his role in an auto theft ring. He...

State v. Pena - 2/8/2005
Desir`e Pena contends the Okanogan County District Court's standard criminal procedure denied her a speedy trial. The court determines the speedy trial period at the time of arraignment. At the same time, the court sets a status...

Lewis v. State - 2/7/2005
In each of these linked cases, video cameras mounted in police cars made audio recordings of the conversations between arresting officers and drivers stopped for suspicion of driving under the influence of intoxicants (DUI). The...

State v. Beirouty - 1/25/2005
Edward Beirouty and Michael Buratto were charged with vehicular homicide when Mr. Buratto turned his car into the path of Mr. Beirouty's car, resulting in a collision that killed a passenger in Mr. Buratto's car. Both drivers were...

Warring v. Hake - 1/25/2005
Michael Perdue was injured in a car accident. Through his guardian ad litem, attorney Carl Warring, Michael sued his parents, Steven and Paulette Perdue, for negligence. The court granted summary judgment dismissal to the parents. We...

Jiggens v. Batten - 1/18/2005
In Estate of Kelly v. Falin, 127 Wn.2d 31, 896 P.2d 1245 (1995), the Washington State Supreme Court held that tavern owners who negligently overserve alcohol owe no duty to adult patrons who suffer harm as the result of intoxication....

State v. Barnes - 1/13/2005
Oral Argument Date: 06/08/2004 Concurring: Faith Ireland, Bobbe J Bridge, Charles W. Johnson, Susan Owens, Mary Fairhurst Dissenting: Gerry L Alexander, Richard B. Sanders, Tom Chambers EN BANC Erik...

City of Bremerton v. Tucker - 1/11/2005
Ledell Tucker appeals his mandatory, statutory minimum sentence enhancement for driving-under-the-influence (DUI), based on a prior deferred DUI prosecution. He argues that the sentence enhancement violates due process because it...

State v. Koch - 1/11/2005
The State appeals a superior court decision reversing Eric Koch's conviction for one count of driving while under the influence of intoxicants, arguing that the superior court erred when it held that the district court should have...

State v. Cohen - 1/10/2005
Results of a breath test are admissible only if the results are reliable, i.e., if the machine used to obtain the results was properly serviced and in good working order. A driver's refusal to take the test is evidence of guilty...

State v. Huwe - 12/9/2004
Daniel Huwe shot and killed one woman and seriously injured a second. The State charged him with first degree premeditated murder and first degree assault. The jury found him guilty of second degree murder and first degree assault. ...

State v. Hultenschmidt - 12/7/2004
Melvin Sanders' Buick LeSabre struck Hultenschmidt's Oldsmobile Cutlass Ciera on the passenger side. Hultenschmidt's passenger, Sandra Madera, died as a result of the accident. Port Angeles Police Officer Tyler Peninger...

State v. Koch - 11/30/2004
On May 22, 2001, Washington State Patrol Trooper Mark Lewis stopped Eric Koch's vehicle after he saw it cross over a lane divider and make a 'jerking correction back into his {vehicle's} lane' of travel. Trial Transcript (TT) at 14-15....

Alaska National Insurance Company v. Bryan - 11/8/2004
Harold Bryan was employed as an engineer for Wards Cove Packing Company aboard a fishing vessel in Kenai, Alaska. Bryan lived aboard the vessel and was on call 24 hours a day. When Bryan left Seattle for Kenai, he took his motorcycle with...

State v. Hernandez - 10/26/2004
Hernandez struck the vehicle in front of him while driving northbound on I-5. Washington State Patrol Officer Linda Allen contacted Hernandez, who appeared uninjured. Hernandez explained that he did not see the vehicle stop in front of...

State v. Morgan - 10/25/2004
Daniel Morgan is a retired firefighter, paramedic, and Army field artilleryman who was working as an immigration inspector in February 2002. On February 26, 2002, Morgan had the day off and decided to go skiing. He skied for approximately...

State v. Thomas - 10/18/2004
Sara Thomas has been drinking heavily and living on the streets on and off for the past 25 years. In the morning of September 25, 2002, Thomas began drinking beer at the Dome Stadium Tavern in downtown Seattle. She continued drinking with...

State v. Acosta - 9/21/2004
Louis Roger Acosta, Jr. appeals his convictions for first degree robbery, second degree theft, taking a motor vehicle without permission (TMVOP), and methamphetamine possession. Acosta's defense was diminished capacity. He asserts...

State v. Barr - 9/21/2004
Derrick D. Barr was convicted of second degree rape, unlawful imprisonment, and second degree vehicle prowl. On appeal, Mr. Barr contends the trial court erred by admitting a police officer's testimony concerning the Reid...

State v. Fredrick - 9/8/2004
Debora Fredrick appeals her bail jumping conviction. We hold that (1) because the knowledge element of bail jumping does not implicate the statutory affirmative defenses to bail jumping, the defenses do not unconstitutionally shift...

State v. Deaton - 9/2/2004
Bradley Allen Deaton was convicted of multiple counts of unlawful possession of a firearm. Mr. Deaton's possession of firearms was unlawful because he had previously been convicted of a felony--attempting to elude a police officer....

Christensen v. Grant County Hospital District No. 1 - 8/26/2004
Oral Argument Date: 02/12/2004 Concurring: Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Susan Owens, Mary Fairhurst. Dissenting: Faith Ireland, Richard B. Sanders, Tom Chambers EN BANC ...

Barrett v. Lucky Seven Saloon - 8/26/2004
Petitioner Jeffrey Barrett was profoundly and permanently injured in an automobile accident caused by an intoxicated driver, Ned Maher. Jeffrey Barrett and John Barrett (Barrett) sued the Lucky Seven Saloon (the Lucky Seven), claiming that...

State v. Storm - 8/17/2004
Brad Wayne Storm appeals convictions for two counts of vehicular homicide and one count of vehicular assault. He asserts that he is entitled to a new trial because of juror bias; because a blood sample was not shown to have been taken...

State v. Schubert - 8/16/2004
Juliana Schubert disappeared in 1989. In 2002, a jury convicted David Schubert of murder in the second degree for her murder. Schubert contends the trial court erred by instructing the jury on second degree murder as a lesser...

[W] State v. Barr - 8/3/2004
Derrick D. Barr was convicted of second degree rape, unlawful imprisonment, and second degree vehicle prowl. On appeal, Mr. Barr contends the trial court erred by admitting a police officer's testimony concerning the Reid...

State v. Woods - 8/3/2004
In early 2001, Woods was convicted of felony drug possession. In March 2001, he received a DOSA *fn2 and, in March 2002, was transferred to a work release facility in Vancouver, Clark County, where he found work as a journeyman...

State v. Kime - 8/3/2004
Flamingmoon Kime was convicted of possession of methamphetamine with intent to deliver, driving under the influence of intoxicating liquor or drugs, reckless endangerment, and driving without a valid license. Claiming the court erred...

State v. Beliveau - 8/3/2004
Stephen Maurice Beliveau drove his truck and trailer across the highway center line and struck and killed Desere Mitchell. Mitchell had just exited a club and was walking across the street to her car. Witnesses testified that Beliveau was...

State v. Ashley - 7/29/2004
Paul Ryan Ashley was charged with vehicular homicide. The trial court dismissed the charge with prejudice pursuant to CrR 8.3 because the State had failed to provide Mr. Ashley with discovery within the dates established by the...

State v. Dobbins - 7/27/2004
Gary D. Dobbins appeals his conviction and sentence for driving under the influence. He argues that the trial court erroneously ordered him to pay a $250 jury demand fee. In his Statement of Additional Grounds, he also argues that...

Svendgard v. State - 7/26/2004
Shortly after Thomas Svendgard obtained his commercial driver's license by passing the skills test administered by a third party tester who was on contract with the Department of Licensing, he was randomly selected for a retest in a...

State v. Gaddy - 7/8/2004
Oral Argument Date: 03/11/2004 En Banc Juliet Gaddy was found guilty of possession of a controlled substance. The substance, cocaine, was discovered in Gaddy's car when the police searched it incident to her arrest for...

State v. Cerrillo - 7/8/2004
Washington courts consider a person 'seized' when an officer, by physical force or show of authority, restrains the person's freedom of movement and a reasonable person would not believe he or she is free to leave. State v. O'Neill,...

State v. McGary - 7/7/2004
Patricia Lorraine McGary appeals her convictions of two counts of second degree criminal mistreatment based on her operation of a motor vehicle while intoxicated with her two children in the vehicle. She argues (1) under RCW...

State v. Criscuolo - 7/6/2004
Nicholas Criscuolo appeals the judgment and sentence entered following his conviction by a jury of possession of methamphetamine and driving while license suspended. Criscuolo's only argument is that his trial counsel was ineffective...

Estate of Bordon v. State - 7/6/2004
The Estate of Cynthia Bordon sued the Washington State Department of Corrections (DOC) for Bordon's wrongful death, alleging that DOC negligently supervised Richard Alan Jones and its negligence proximately caused Bordon's death. A...

City of Seattle v. Clark-Munoz - 7/1/2004
Oral Argument Date: 03/23/2004 Concurring: Faith Ireland, Philip James Thompson, Barbara A. Madsen, Charles W. Johnson, Gerry L Alexander, Richard B. Sanders, Susan Owens, Mary Fairhurst EN BANC In its efforts to...

State v. Teitzel - 6/29/2004
Richard S. Teitzel appeals the trial court's denial of his motion to modify his sentence for vehicular homicide. He contends that under the reasoning of State v. Shaffer, 113 Wn. App. 812, 55 P.3d 668 (2002), the statute authorizing...

State v. Bynum - 6/28/2004
James Bynum appeals his conviction for reckless endangerment, contending that the trial court's instruction to the jury contained an improper comment on the evidence. He also appeals his conviction for attempting to elude a pursuing...

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