Good News for Otis: Washington State’s DUI law looks to be headed for the tank

December 22, 2005


This article in the Seattle Times points out that Washington’s DUI law is at odds with the federal constitution on that pesky little detail about “innocent until proven guilty.”
The last time I checked, the Sonics’ Rashard Lewis wasn’t a suspected terrorist and wasn’t engaged in terrorist activities so may have his recent DUI expunged from his record.
Here’s the money quote from the story:

Washington, they pointed out, is what’s known as a “per se” state. That means if your breath-alcohol content measures 0.08 or greater, you’re guilty of DUI. So if the judge is required to admit breath-test results into evidence, it’s up to the defendant to prove his innocence. That is at odds with federal law, which says you’re innocent until proved guilty.

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