Man with children in vehicle arrested under revised DUI law

August 28, 2012

By Warren Kagarise

The state patrol arrested a 32-year-old Issaquah man under the state’s revised driving under the influence law Aug. 19 — 18 days after the beefed-up law took effect.

The arrest marked the initial known use of revised rules for mandatory blood draws on felony DUI arrests in King County. The driver, Wiyual Rut, also faces enhanced penalties for having three children younger than 3 in the vehicle during the traffic stop.

Prosecutors later charged Rut with felony DUI, with notice of three child enhancements. The enhancement adds 12 months to the felony DUI sentence for each child.

Investigators said a Washington State Patrol trooper stopped a black Nissan Pathfinder on eastbound Interstate 90 for lane travel violations just before midnight.

The trooper arrested the motorist for DUI. Rut then underwent a special evidence blood draw.

Rut’s driving record indicated he had four prior DUI convictions within the past 10 years, so the latest arrest became a felony DUI case.

The revision of the implied consent law allows for a blood draw for felony DUI without the suspect’s consent.

State law requires a breath or blood test for DUI suspects. Under the old rules, a suspect could refuse the test, but he or she faced a yearlong license suspension and stiffer penalties.

Rut had four other occupants in the vehicle during the stop, including the three children. The enhanced penalties for minors in the vehicle at the time of a felony DUI arrest went into effect June 7.

Rut remains in custody at the King County Jail on $530,000 bail.

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