An Extraordinary DUI Case & Three Lessons

What can we learn from a case where a law enforcement officer gets caught driving recklessly and dangerously under the influence of alcohol?

Turns out, more than you might think.

The Case

This past April, a former Stevens County Deputy Sheriff received a deferred sentence after driving while intoxicated through a crash scene and leading police on a high-speed chase last Thanksgiving in Flathead County, Montana.

The Flathead Beacon takes up the story:

According to court records, Hoover was driving down Montana Highway 35 in Creston on Nov. 23, 2017 when he drove through the scene of a fatal crash and struck a vehicle. A Montana Highway Patrol trooper who was helping investigate the crash got into his vehicle and started to chase Hoover […] Hoover and the trooper reached speeds upwards of 100 miles per hour.

[Hoover eventually turned] onto Sonstelie Road, where he stopped the vehicle and turned off the lights. Hoover then exited the vehicle with his hands in the air. Hoover admitted that he was looking at his phone when he approached the crash scene and never saw the vehicle he allegedly hit. Hoover took a breathalyzer test and blew a .178, twice the legal limit, according to court records.

The former officer was charged with felony criminal endangerment and misdemeanor DUI, to which he initially pleaded not guilty before later changing that plea. He was given a three-year deferred sentence for felony criminal endangerment, plus a suspended concurrent 175-day jail sentence.

Lessons We Can Learn From It

For one thing, it shows that of course anyone can get a DUI—even an off-duty law enforcement officer. But it also brings up three object lessons:

1. Keep your mobile phone out of reach when you drive so that it doesn’t distract you. Washington state distracted-driving laws are distinct from DUI, and they’re some of the strictest in the country. They disallow not just holding a personal device while you drive, but also associate an additional fine to activities like eating and drinking, applying makeup, shaving, and others if they do contribute to a traffic violation.

2. If you get into an accident, stay put—especially if you’ve had even a single drink. Don’t drive away, because you don’t need a hit-and-run on top of a DUI charge.

3. Do not submit to a breathalyzer test. Besides the obvious mistakes Deputy Hoover made, he somehow failed to remember that the test is voluntary in most states (including Montana as well as Washington) and officers can rely on it to build probable cause to arrest you.

Washington Cracks Down on Left-Lane Camping

Do you enjoy driving in the left lane on the freeway? It’s understandable — it’s less congested, and you can get where you’re going a lot more efficiently. But using the left lane for long periods, a.k.a. “left-lane camping,” is actually illegal. The left lane is for passing slower vehicles only; as soon as you pass the slower car, you should move back into the right lane.

Says Who?

According to Washington state law RCW 46.61.100, section 2, “all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted.”

Basically, use the left lane only when you need to pass a slower-moving vehicle, and make sure that you move back over to the right lane once you have passed that slow poke. As tempting as it may be to hang out in the left lane, it might cost you.

Expensive Consequences

Left-lane camping is a common offense. In 2016, Washington State Patrollers stopped over 16,000 people for camping in the left lane. If you are pulled over for staying the left lane too long, you can expect to pay a hefty fine of $136.

What Does This Mean for DUI?

An officer can pull you over for hanging out in the left lane, which can then lead to other complications. In fact, a recent case upheld left-lane camping as a legal basis for pulling you over and then discovering you were also driving under the influence. Simply put, driving continuously in the left lane is a traffic infraction for which an officer can pull you over. If you’ve been drinking or consuming controlled substances, you then run the risk of being charged with DUI or DWI. So, don’t take any unnecessary risks—just stick to the right lane unless you’re passing.

The Law Office of David Lousteau

The Law Office of David Lousteau

The Law Office of David Lousteau