WMAP observations have accurately determined the position of the first two peaks and dips in the CMB temperature power spectrum. These encode information on the ratio of the distance to the last scattering surface to the sound horizon at decoupling. However pre-recombination processes can contaminate this distance information. In order to assess the amplitude of these effects we use the WMAP data and evaluate the relative differences of the CMB peaks and dips multipoles. We find that the position of the first peak is largely displaced with the respect to the expected position of the sound horizon scale at decoupling. In contrast the relative spacings of the higher extrema are statistically consistent with those expected from perfect harmonic oscillations. This provides evidence for a scale dependent phase shift of the CMB oscillations which is caused by gravitational driving forces affecting the propagation of sound waves before recombination. By accounting for these effects we have performed a MCMC likelihood analysis to constrain in combination with recent BAO data a constant dark energy equation w. For a flat universe we find at 95% upper limit w

9 pages, 6 figures. Additional discussion, matches PRD accepted version