A first offense DUI typically results in a misdemeanor charge. However, when a person faces multiple charges in Washington, the penalties and charges become elevated. In this case, the man has more than 10 felony charges on his record, as well as a bench warrant.
]]> The man was pulled over in the early morning hours of April 30 after allegedly failing to use his turn signal when making a turn. When the police officer pulled him over, the officer claims he noticed the man had bloodshot, glassy eyes, as if he had been drinking. When responding to questions, the officer alleged the man's speech was slurred and incoherent. He also failed a field sobriety test and refused a breath sample, so officers ordered a blood test. The results of that test were still pending at the time this post was written.The man faces a felony drunk driving charge, as well as charges for driving with a suspended license and not having a court-ordered ignition interlock device installed in his vehicle. He was jailed with bail set at $150,000.
A felony DUI is a serious criminal charge. The consequences of a conviction include not only fines and prison time, but the stigma of having such a charge on one's criminal record. There is also the loss of civil rights: those with felony convictions are unable to vote, own a firearm or travel out of the country. When facing such life-changing consequences, an aggressive defense is needed. All aspects of the arrest record should be scrutinized. The prosecution has the obligation to prove guilt beyond a reasonable doubt, and any irregularities in the field sobriety or blood testing can be used to weaken the prosecution's case and help the accused obtain either an acquittal at trial or a plea agreement to a lesser charge.
Source: KomoNews.com, "'Poster child for felony DUI law' charged for 5th time," May 2, 2013
]]>Just as a regular Breathalyzer checks a person's blood alcohol content, this new test can detect 12 different drugs - including marijuana, meth, heroin and cocaine - on a person's breath. In a study done on the new device, it was able to detect drugs 87 percent of the time - the same accuracy as urine and blood tests. The samples were even taken 24 hours after last known drug use.
]]> Although Washington State has legalized marijuana use, drivers are still not allowed to drive while under the influence. Drugged driving carries criminal penalties similar to those in a case of drunk driving . Before this new device, Washington troopers had no way to accurately determine the level of drugs in a person's body while on the road. Only blood and urine testing could be performed. With this new device, troopers can easily check for drug use - in the same manner as checking for alcohol use.In the past, Drug Recognition Experts would be used to detect impairment by drugs. These experts are highly trained police officers who follow specific guidelines - such as observing the driver's eye and body movements - to determine if they have been using drugs. With the new drug-detecting Breathalyzer device, any police officer can quickly and easily check if a person's drug use is beyond the legal limit.
If someone is accused of DWI or DUI, it is important that they act quickly to prepare a strong defense. An experienced criminal attorney can employ many strategies to successfully challenge these charges in court.
Source: The Inquistr, "New Breathalyzer Test Detects Drugs Too," Melissa Stusinski, April 28, 2013
]]>The 47-year-old man faces elevated charges because of his criminal history. He was accused of vehicular homicide in 1997 after killing two people. He also has multiple prior offenses involving drinking while intoxicated.
]]> This time, the man was pulled over by state troopers while on Route 281 for going 71 mph in a 60 mph zone. As the man turned onto another road, he was still speeding. The trooper could smell alcohol as he approached the man.The man failed the sobriety test. His blood alcohol content registered at .124. Police found a six-pack of beer inside the man's vehicle. One can was partially empty. He is booked at Grant County Jail on $100,000 bail.
DUI penalties are already harsh enough. Add multiple prior offenses and a vehicular homicide charge into the mix and the offender has a serious situation. In addition, the man was driving 11 mph over the speed limit. This is considered excessive speed and can result in even more penalties. He should have a solid defense prepared, as there is never an excuse for drinking and driving. Fortunately, nobody was killed this time around.
Source: Columbia Basin Herald, "Quincy man charged with felony-level DUI," Connor Vanderwyst, April 19, 2013
]]>Reports state that the man hit several parked cars and allegedly drove over a fence while intoxicated. He finally stopped near an intersection. When police officers found him, he was injured and taken to a nearby hospital for treatment. Police also performed a blood alcohol test and found that the man's BAC was allegedly at a shockingly high level of 0.455. In comparison, the legal limit is 0.8 and drivers are considered "super drunk" at 0.17.
]]> The man has been released from the hospital and now faces charges at the county jail. The charges include possession of an open container of alcohol in a vehicle, failing to stop after an accident and failure to report property damage. He also faces charges for driving with a revoked license and driving while intoxicated, both charges he has received on prior occasions.For repeated DUI charges in Washington, the penalties increase dramatically. In addition, if a driver's BAC is 0.15 or higher or if he or she refuses to consent to a blood or breath test, fines and jail time can increase and a driver's license can be revoked for three years or more. In addition, an ignition interlock device is required to drive. A person can also face probation and job loss.
Because drunk driving charges carry such serious consequences, it is important for anyone facing such charges to present the best defense possible. Speaking with an experienced DUI defense attorney can often help get the best possible outcome.
Source: MLive, "Police: Driver registers .45 on blood test after crashing into parked cars, driving over fence," Kyle Moroney, April 12, 2013
]]>The impact of the accident damaged the woman's car so badly that she had to be cut from the wreckage. She was taken to a nearby hospital, where she later died. The other driver, a 25-year-old man from Tacoma, was hospitalized with a broken ankle. He was later detained and possibly faces vehicular homicide charges.
]]> The man's blood was drawn around the time of the accident to check his blood alcohol content (BAC). He is still awaiting trial for a Dec. 15 accident he reportedly caused on Interstate 5, when his BAC registered at 0.18. Although he was ordered not to drink any more alcohol during his previous court proceeding, alcohol is suspected to be a factor in this latest accident.This was the second fatal accident in the Seattle area in just over a week. Although Washington has already increased DUI penalties dramatically in the past 15 years, lawmakers continue to wonder if more could have been done to prevent these tragic accidents from occurring.
Washington already has some of the strictest drinking and driving laws in the country. After a second offense, a person can have their vehicle confiscated and an ignition interlock device installed in their vehicle. Hefty fines, jail time and attendance in a substance abuse program may also be imposed.
Source: The Seattle Times, "DUI again? Wrong-way crash kills Seattle woman," Sara Jean Green, April 4, 2013
]]>Although it appears that Washington's DUI laws are reducing the number of car accidents and fatalities related to DUIs, officials are worried that more needs to be done. From 1998-2012, there were 600,000 DUI cases in the state. Of those, 20 percent of the offenders had multiple prior offenses.
]]> Officials have taken notice and are taking steps to create laws that target repeat offenders. One proposed law would make a person's third DUI a felony charge. Currently, the law allows five DUIs in a 10-year period.However, there is only so much that lawmakers can do. Those who break the law will still drive with suspended licenses and ignore orders by the court. They will try to take the ignition interlock devices off their cars. Officials will have to find ways to reduce drunk driving accidents and deaths without creating more laws that people will just end up ignoring.
Increasing the severity of a DUI from a misdemeanor to a felony will result in serious consequences. An arrestee could be subject to fines, jail time, probation and license suspension. In Washington, offenders could also be forced to install an ignition interlock device in their vehicles and attend a substance abuse program.
Source: Seattle Times, "Do state's tough DUI laws go far enough?," Brian M. Rosenthal, March 31, 2013
]]>A nine-year-old boy from Pierce County died March 17 after being severely injured in a car accident caused by his uncle, who was intoxicated. The uncle now faces vehicular homicide charges caused by his drinking and driving. The uncle was not only drinking alcohol, but smoking marijuana as well. Police found a large amount of marijuana in the vehicle at the time of the accident. The 26-year-old man's blood alcohol content (BAC) was twice the legal limit, according to state troopers.
]]> The accident occurred in the early morning hours of March 16 along State Route 16 when the uncle was driving the car too fast and it rolled. The boy, who was in the front seat, and his uncle were both ejected. The boy's eight-year-old sister was in the back seat of the car, but thankfully escaped injury.The uncle is at Tacoma General Medical Center recovering from a broken pelvis. The boy was critically injured and showed no signs of improvement, so his family took him off life support the following evening.
Vehicular homicide, or involuntary manslaughter, is different from homicide or voluntary manslaughter in that a person's death is caused unintentionally by someone else's negligence. The uncle in this case did not mean to cause his nephew to die, but he was acting irresponsibly and he must now face penalties for his actions. Punishment may include fines, license suspension and a prison sentence.
Source: NWCN.com, "Boy hurt in suspected drunken driving crash dies," Elisa Hahn and Joe Fryer, March 18, 2013
]]>The company is now taking pre-orders for the device, which plugs into a cell phone through the headphone jack. However, it will not ship until the company can raise $25,000, which it hopes to do by Summer. Consumers can contribute varying amounts of money in order to receive their device sooner. For example, $20 gets a consumer a device that ships in January 2014. Those who contribute more receive their Breathalyzer device sooner, and get to choose from various colors.
]]> The device works in conjunction with an app and is compatible with Android and iPhone systems. Once plugged in, users blow into the device, just like they would with a Breathalyzer from law enforcement. The company claims it works just as well as any other consumer Breathalyzer device on the market. Breathometer created the device to help people drink responsibly, and make smarter choices.There are several other ways that police use to determine a person's BAC. They can test hair, urine, saliva and blood. Even though blood testing is the most accurate, breath tests are the least invasive and therefore the most widely-used method.
Source: Los Angeles Times, "Breathometer introduces smartphone breathalyzer," Andrea Chang, March 13, 2013.
]]>Tight end Austin Seferian-Jenkins was caught drinking and driving in Seattle, close to 40 minutes outside Tacoma. Police arrested him near the university on the evening of March 9. Police have already released him, which is apparently common. No other details have been released. It is unknown if Seferian-Jenkins will go to trial or face criminal punishment.
]]> Seferian-Jenkins, known as one of the top college football players in the country, will face punishment from his coach, however, since student-athletes are held to high standards of conduct. It is unknown how he will be punished, but head football coach Steve Sarkisian said in a statement that Seferian-Jenkins' conduct fell below his expectations, and although the team will support him, he will still be disciplined to some degree.It appears as though Seferian-Jenkins may have gotten off easy. Washington has strict penalties for drinking and driving charges, even for a first offense. A license can be suspended for 90 days, and hefty fines and jail time can also be imposed.
In some cases, though, a judge can impose probation instead, particularly for a first-time offender whose blood alcohol content was just over the legal limit. Probation can take the place of fines and jail time and can include attendance in a substance abuse program or other type of similar punishment imposed by the court.
Source: MyNorthwest.com, "Washington's Seferian-Jenkins arrested for DUI," March 11, 2013
]]>Even more shocking, the women claimed that the poor maintenance was intentional. The machines would report faulty data that would result in wrongful DUI charges and convictions. The women complained to supervisors and testified in court.
]]> The women claimed that one DataMaster machine started smoking when turned on. Many of the machines were tampered with by lab technicians in order to get them to pass internal testing. This was often done right before breath tests, so it is possible that many people received incorrect data about their blood alcohol content.In order to curb the dishonest practices, the testing was moved to the Department of Public Safety so that others could analyze the data. The trial continues on.
So what happens when a person is pulled over on suspicion of DUI and is asked to take a blood alcohol test? Should he or she refuse? Definitely not. A refusal can result in even more severe penalties. It is a better idea to take the test and handle the results accordingly. If the BAC seems too high for the circumstances, for example, 0.20 after only a drink or two, then something fishy could be going on. However, the best defense is to never drink and drive.
Source: Rutland Herald, "Trial addresses reliability of blood alcohol testing," Eric Blaisdell, Feb. 26, 2013
]]>The man was most recently arrested on Feb. 15 after he was pulled over by a state trooper for reckless driving. He failed sobriety tests and the trooper noticed the tell-tale signs of intoxication - slurred speech and droopy eyes. Amazingly, the man registered a 0.00 on a breath test, so blood was drawn, as prescription medications and narcotics can cause impairment similar to drunkenness. However, the man denied drinking or using medications prior to driving. The man is currently lodged at the Thurston County Jail with bail set at $50,000.
]]> Washington law allows a suspect to face a felony drunk driving charge if he or she has had at least four offenses in the past 10 years. This man has had two prior DUI convictions, as well as three DUI citations. He pled those citations down to reckless and negligent driving.Despite these facts, Washington law still allows reckless and negligent driving citations to be counted as DUI offenses. If convicted of a felony DUI, the man could face up to 29 months in jail or prison.
There are several reasons why a DUI - typically classified as a misdemeanor - would be elevated to a felony charge. One of these is multiple prior offenses. The number of offenses within a particular period of time varies by state.
A felony is a serious criminal charge. It can result in stiff penalties that can last a long time. Having a strong defense is critical in this case.
Source: The Olympian, "6th DUI arrest prompts possible felony charge," Jeremy Pawloski, Feb. 19, 2013
]]>Troopers first heard of the incident at around 1:30 that morning, when witnesses spotted a car traveling south in the highway's northbound lanes. Troopers searched the area, but could not locate the vehicle. Just two hours later, the calls came in again, this time describing a similar vehicle in another location, still heading south in the northbound lanes.
]]> Troopers finally located the vehicle and ordered the driver, a 40-year-old man, to pull over. He was described as highly intoxicated, as was his passenger. Police assert that they both had no idea where they were or where they were going.Troopers arrested the driver for drunk driving. He is currently being held in jail without any bail set. Reports show that he had two previous DUI arrests.
One of the elements of drunk driving is that person was actually driving or in control of a vehicle before the traffic stop is made. Police need field evidence in order to prove this, which could include testimony from witnesses, photos or videos.
In this case, the reports and testimonies from the witnesses, as well as the troopers actually witnessing the man's reckless driving was evidence enough to charge him with DUI. However, tests to measure a person's blood-alcohol content are often performed. This is often done by analyzing the breath, blood or urine. In any event, an experienced DUI defense attorney can often help deal with issues that arise when charged with DUI.
Source: Yakima Herald, "Wapato man charged with DUI after going wrong way on Highway 101," Chelsea Krotzer, Feb. 17, 2013
]]>For the most part, the protocol for determining intoxication will stay the same. Police officers may first notice erratic driving - weaving, speeding or sudden stops, for instance - and then pull over the driver. The officer can then ask the driver to submit to a blood or breath test. Officers must then look at the entire situation before determining intoxication.
]]> Although blood testing will be used most often, it poses a problem for police officers in rural areas. The test must be done within a few hours, before THC levels decrease. This means that police officers must be able to administer a blood test quickly.Smoking marijuana while driving should be illegal, but, under the Washington law, it technically isn't. Surprisingly enough, drinking alcohol while driving would get someone arrested, but there is no law prohibiting smoking marijuana while driving. Police may closely monitor any person they see smoking and look for signs of impairment, but as long as the driver is under the legal limit of 5 nanograms per milliliter of blood, police cannot make an arrest or file charges.
Washington does have strict penalties for a DUI charge, however. A person convicted of a DUI can have their license suspended and vehicle impounded. The arrestee may also be forced to attend a substance abuse program and have an ignition interlock device put on their vehicle. Although marijuana usage laws are still fuzzy in Washington, it is best for drivers to avoid using marijuana and for those who use the drug to avoid driving.
Source: OregonLive.com, "Washington's pot law leaves loose ends for drivers," Anna Marum, Feb. 6, 2013
]]>The accident occurred on State Route 2 just after midnight on Feb. 6. The driver, a 49-year-old man, allegedly hit the bicyclist with his Ford SUV and was arrested for suspicion of driving under the influence. The bicyclist, a 54-year-old man, was taken to a nearby hospital and is being treated for his injuries, including several broken bones. Washington State Patrol troopers closed the road for three hours to investigate the accident scene.
]]> Each state has its own DUI laws. In many states, the legal limit is a 0,08 blood alcohol content. However, people can be suspected of drunk driving even if their BACs are under 0.08. Police can use other types of evidence to arrest someone for a DUI. Physical signs of impairment, such as alcohol on the breath or clothes, slurred speech and reckless driving such as speeding, swerving and making frequent stops can all give a police officer probable cause to test a person's BAC.Because the driver injured someone while allegedly under the influence, the penalties could be elevated. If he caused damage to the bicycle, that could increase the severity of the penalties as well. Previous DUI convictions would also make the case more severe. In any case, an experienced DUI defense attorney can help prepare the strongest case against these types of charges.
Source: KIROTV, "DUI arrest made in Monroe crash that seriously injured cyclist," Feb. 6, 2013
]]>The terrifying event happened on New Year's Day, in the afternoon. Although the man no longer had a driver's license, he decided to take off in his BMW and go for a ride that many people on the roadway at that time would never forget.
]]> The man narrowly missed a Pierce County Sheriff's Deputy. The man then left a woman in terror as he almost hit her head-on. The woman still experiences flashbacks weeks later. Another policeman tried to stop the man before deciding to take a risk and follow the man, with both cars going in the wrong direction. Another police officer pulled up and blocked the man, forcing him to stop.The man admitted he was driving the wrong way. He was arrested and given a blood alcohol test. Allegedly at .10, his blood alcohol content was higher than the legal limit. The man could not stand up and was charged with drinking and driving. Shockingly, no vehicles were hit and nobody was hurt during the man's joyride.
In a typical drinking and driving case, many penalties are assessed. Fines, community service, license suspension, substance abuse treatment and jail time are all possible punishments. However, because the man had no license to begin with, there is no license to suspend. In addition, because of his age and medical condition, judges are likely to be lenient on him when he faces his day in court. In many cases, the consequences of drunk driving charges are extremely serious, and should be handled by experience DUI defense attorneys.
Source: Bellingham Herald, "Wrong-way driver with Alzheimer's travels to Kitsap County line from Tacoma, shakes lives on New Year's Day," Larry LaRue, Jan. 27, 2013
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