A drunken driver who crossed Washington State lines into Oregon, where he was arrested and prosecuted, can also be prosecuted for a DUI in Washington, the Washington State Supreme Court ruled. In January of 2007, Washington State Troopers followed Santiago Rivera-Santos to Portland, where he was arrested for a DUI. His blood alcohol level was a .17. He was later convicted of on a charge of DUI in Oregon.
When prosecutors in WA State filed criminal charges for a Washington DUI on Mr. Rivera-Santos, he protested the charge as violating his constitutional rights against double-jeopardy. In a unanimous ruling, the Supreme Court ruled that since Mr. Rivera-Santos was not being charged with the same crime twice, but for two different charges: driving under the influence in both Oregon and Washington, that his constitutional rights were not being violated.
If Mr. Rivera-Santos is smart, he will retain an experienced Washington DUI lawyer to assist him with his case. Washington’s drunk driving laws are harsh, even for first time offenders. What’s really unique about Mr. Rivera-Santos’ case is that this could arguably be his second DUI conviction, even though it’s for his first offense.
A good WA State dui attorney, however, should be able to argue that the prior conviction should not count against him as a first strike since it occurred as a result of the same incident, or within two hours of the first incident.
Our offices have been successfully handling and resolving Washington DUI cases now for over a decade, and none of us have ever seen or heard of anything like this before. For obvious reasons, it’s a very, very unique factor. But one that indeed created a very interesting question of mixed fact and law.