Statistics can be misleading when presented in limited form. For example, Washingtonians might be impressed upon learning that the number of statewide traffic fatalities continues on a downward trend and in 2009 reached a 54-year low of 491. Last year the number was even lower: 458. Those are impressive statistics considering the vast increases in population and miles driven since 1955.
But a deeper look into the statistics reveals a related problem — drunken driving — that is magnified in our state and warrants intensified action. Last year, 41 percent of those 458 traffic deaths involved drivers under the influence of intoxicants. The national average is 32 percent, according to The Olympian newspaper in Olympia. That’s why the Washington Traffic Safety Commission has strengthened its advocacy of tougher enforcement. This year the Legislature paid close attention to both the commission and the statistics and took decisive action with two meaningful bills.
One became law on Wednesday when Gov. Chris Gregoire signed Senate Bill 5000, which requires the impounding of vehicles for 12 hours when drivers are arrested for driving under the influence. (One exception allows the owner of a vehicle to retrieve it if the owner was not in the car when the driver was arrested).
A second measure awaits the governor’s signature, and she is urged to do so for two key reasons. First, like SB 5000, House Bill 1789 was passed unanimously by both chambers of the Legislature, clear proof that the people’s representatives know what the people want. Second, HB 1789 authorizes broader sentencing laws and tougher penalties for driving under the influence.
Before commenting on the practical changes that the bill mandates, we’ll focus on one of the more emotional provisions. HB 1789 allows the Washington Traffic Safety Commission to develop and maintain a registry of victim impact panels (VIP). As part of the sentencing of a drunken driver, a court may refer the offender to a VIP listed on the registry. We can only imagine the immense anguish, anger and despondency that must flow so freely when a convicted drunken driver meets with a VIP and hears from victims and the relatives of victims of this senseless act of violence.
But more directly to the point of a tougher judicial system, HB 1789 would automatically make any subsequent DUI conviction a felony if the offender has a prior felony DUI conviction. As The Olympian quoted King County deputy prosecutor Amy Freedheim, “Once you’re a felony DUI, you’re always a felony DUI.”
Also, this new law would require sentencing enhancements to be served in full; inmates could not receive time off for good behavior as currently allowed. And more types of DUI offenders would be required to install ignition interlock devices, which prevent a vehicle from starting if alcohol is detected in the driver’s breath.
The Impaired Driving Work Group helped legislators craft the law after the group (officials from police departments, prosecutors and defense attorneys) discovered additional troubling statistics. There typically are about 40,000 DUI arrests each year in Washington. The Olympian notes that “almost 9,000 result in a plea bargain or conviction of the lesser crime of negligent driving. Those convicted of negligent driving face far less severe punishment. They are fined, but there is generally no jail time, no ignition interlock requirement and no alcohol monitoring.”
When 41 percent of traffic fatalities involve drunken drivers, and when that figure is 32 percent on the national level, it’s clear that Washington has some work to do. The vehicle-impoundment law is part of that work, and Gov. Gregoire should sign the second bill to create tougher sentencing requirements.
