Legal Question in DUI Law in Washington

DUI- Incapable of Consent?

Labor Day weekend I went to a concert at the Gorge, feeling very suicidal. I was taking Paxil and Wellbutrin. On Sunday night I met friends at a bar in Ellensburg. I was taking hydrocodone for a bad back and drinking water & Pepsi, still contemplating suicide. The next thing I knew I was in my car with red lights behind me. I told the officer that I was suicidal & wanted to see a mental health prof. The report says I later refused help (right!) I was jailed for a DUI. On Tuesday I went to court for my arraignment & the judge upped my bail & put me in jail again. I told them I was suicidal but they put me in a holding cell for at least an hour, during which time I found a crack in the wall & used it to slit my wrist. When they finally put me in a regular cell they ignored my injury completely. Under RCW 71.32.010 (1a,b & d) was I actually capable of giving any kind of consent? And since the officer wasn't a mental health professional how could he decide not to seek medical help for me? And what about the suicide attempt while under custody? My public defender doesn't seem to care about any of this.


Asked on 3/15/06, 4:09 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: DUI- Incapable of Consent?

You have many good points. You need to be incompentent to not give valid consent and suicidal doesn't usually get you there so your consent was likely valid. The officer has no ability to judge your mental health, on that you are completely correct. The suicide attempt while in custody goes to your mental health but not the case. Just so you know, the path you are going down will lead to an evaluation by a mental health professional which will increase the amount of time you spend in jail. It might not be the right path for you. As for your public defender, you should give him/her a copy of your concerns in writing (keeping the original) asking for a written response. If he/she does not answer you can ask for a new attorney (public defender). Tell the judge you've had an "irretrivable breakdown in communication"--which I think your attorneys unwillingness to talk to you about your serious health concerns would be. This could again increase your time in custody. If you want me to represent you I have done criminal defense for over 10 years and worked specifically in King County and Seattle mental health courts for about 4 years, daily. I'd charge you $5000, no small sum. You have a lot to think over. If you have any further questions contact me directly.

Read more
Answered on 3/16/06, 2:47 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Washington