By Riley S. Lovejoy, Attorney at Law – Some may believe that charging a suspect with two separate DUIs in two states stemming from one drunken joyride would violate the Double Jeopardy Clause of the U.S. Constitution’s Fifth Amendment. But not according to the Washington State Supreme Court, which found in State v. Rivera-Santos, 166 Wash.2d 722, 214 P.3d 130 (Div. II 2009) that two separate crimes were committed. It is easier to understand the court’s ruling if the case is viewed as two separate criminal acts: The suspect first drove drunk in Washington, committing a DUI in Clark County. Then as he was still being chased by the Washington State Patrol, he drove over the Oregon border and proceeded to drive drunk in Multnomah County, committing a separate DUI in Oregon. Still, many lawyers disagree with this ruling, claiming that it violates the Double Jeopardy clause, which is designed to protect the accused from being prosecuted twice for a crime in which the same facts and circumstances form the basis of two separate charges. Read the Court’s ruling here.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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