By James Krall

San Juan Journal

Drunk drivers have been put on notice: get caught and lose your car for twelve hours minimum. Once they sober up, they’ll have to pay to get their cars returned to them. Repeat offenders will face losing their cars for up to 90 days.

This is the intended effect of a new county ordinance passed last Tuesday by the San Juan County Council. All voted in favor save Bob Myhr, who abstained from voting. The ordinance authorizes the impoundment of vehicles at the discretion of the arresting officer if the driver is under the influence of alcohol or in physical control of a vehicle while intoxicated. It further applies to drivers who break the law by driving with a suspended or revoked license.

The ordinance is closely patterned after similar ordinances in Seattle, Bellingham and Kennewick in an attempt to avoid cases where drunk drivers are arrested, processed and released while still intoxicated, only to have them immediately re-offend, or worse.

Such is the case in Bellingham, where according to Orcas Towing owner Uzek Susol, who testified before the council on Feb. 5, a woman was severely injured by a recently released drunk driver in such a scenario. She sued the authorities for damages.

“They’re lucky it’s only for ten million,” Councilman Kevin Ranker said after hearing about the case.

The ordinance applies to people driving without a valid license but also contains stiffer penalties for drivers with prior drunk driving records. A driver with prior DUI convictions will face losing their vehicle for between 15 days to 90 days, depending on their prior offense record. “There’s a matrix built into the statute for different durations for the suspension based on the type of crime and the number of prior convictions. And the number of prior convictions there are, the longer the period of suspension,” said County Prosecutor Randy Gaylord.

“It’s another tool to help us keep unlicensed drivers off the road, and those who are presenting problems and dangers to the public,” Sheriff Bill Cumming said following passage of the ordinance.

Cumming reported there were 83 DUI’s processed last year, but on a month-to-month basis, Cumming said, “We’re at a greater rate than last year.”

According to the ordinance, at the point of arrest, the arresting officer will make the determination as to the extent to which the violator is out of compliance with the law. If the driver in question is driving without a valid drivers license, they will be cited and released if it’s a first offense. If it’s not a first offense, they will be taken into custody and their vehicle will be towed and stowed. “That’s a 15-day impoundment,” Gaylord said.

Violators who have had their vehicles impounded will have to obtain a formal release order from the court or sheriff’s office, Gaylord said. Proof of payment for prior fines and fees will be necessary.

The ordinance contains a provision that if its loss places a family or spouse in economic jeopardy, the sheriff can release it early. “The application is made to the sheriff, and the sheriff is allowed to release the vehicle early due to personal hardship, economic hardship within the family,” Gaylord said. “The sheriff is not granted early release authority for other reasons.”