WA Senate advances bill to make DUI offenders pay child support

OLYMPIA — Lawmakers from both sides of the aisle are uniting to address deadly crashes involving alcohol-impaired drivers from the past year. 

Mike Padden, R-Spokane Valley, emphasized the bipartisan nature of the issue, stating, “I think we stand together. This is certainly a bipartisan issue. These accidents, these deaths, and drunk driving happen all over the state in urban areas and rural areas. As indicated, it can happen to anybody.” 

The proposed legislation, Senate Bill 5841, mandates that individuals convicted of offenses related to driving under the influence, resulting in the death or permanent disability of a parent must provide financial support for children and dependents up to the age of 18. Courts would be able to order restitution in the form of financial support for the child. 

In 2022, Washington state reached 740 fatalities on the roads with 389 deaths linked to impaired driving. According to a report by the Washington State Traffic Safety Commission, estimates for 2023 suggest that the death toll will surpass that number. 

The proposed bill expands the scope of restitution by considering the financial needs and resources of the child, the surviving parent or guardian, reasonable child expenses, and the child’s accustomed standard of living. 

Sponsor of the bill, Sen. John Lovick, D-Mill Creek, who served as a state trooper for 31 years, expressed that this legislation aims to alleviate the economic burden on families impacted by DUI incidents and holds offenders accountable for the consequences of their actions. 

“Drunk driving is a choice, drunk driving collisions are preventable, this legislation is about accountability. It is about holding drunk drivers who kill or permanently disable someone accountable,” said Sen. John Lovick. 

The pending legislation was inspired by a similar law in Kentucky, Melanie’s Law which went into effect July 1, 2023. 

Melanie Hull, permanently disabled by a drunk driver, inspired the Kentucky law. Sen. David Yates, D-Louisville, Hull’s cousin, sponsored Senate Bill 0268. The law requires those convicted of a DUI to pay for child support if they kill a parent in a crash. Yates noted the strong deterrence effect of Melanie’s Law in Kentucky, sparking awareness and conversation about the dangerous consequences of drunk driving. 

“Sometimes we forget about the survivors and the surviving children that are left behind to foster or left with relatives or even a single parent left to struggle and make ends meet,” said Yates. “We felt that this would not only be for fairness of the child but will hold the offender accountable.” 

In contemplating the impact of the bill locally, Grant County Sheriff Joe Kriete expressed uncertainty about whether the development is inherently positive or negative. He emphasized the potential solace it could offer to grieving families. 

“Not totally sure if this is a positive or a negative thing for Grant County. There is a possibility that this may comfort loved ones from their loss. The outcome is all determined by the court,” said Kriete.

If passed, the proposed legislation will take effect 90 days after the adjournment of the session in which the bill is passed. The bill is currently in the House of Representatives and has been referred to the Community Safety, Justice, & Reentry Committee.