Archive for the ‘Blood Tests’ Category

It’s that time of year again.  The holiday season is upon us, the kids are on break from school, the in-laws are visiting, and Snohomish County has increased their DUI patrols.

Snohomish County’s DUI Target Zero task force increases their presence during the holiday season, specifically in the Lynnwood and Mill Creek areas.  The Lynnwood and Mill Creek area have typically seen the most DUI related collisions, so they also receive the majority of the increased DUI patrol presence.  For more information on the Target Zero Team, see my prior blog post at: http://washington-dui.com/wa-dui-blog/dui-attorney/dui-target-zero-teams-are-on-the-road-consider-yourself-warned/

Over the weekend of December 16^th and 17^th the DUI task force arrested a reported 53 impaired drivers throughout Snohomish County.  This increased number is due in part to the utilization of the Mobile Impaired Driving Unit (MIDU).  The MIDU is a mobile unit that allows the officers to turn the driver arrested for DUI over to the MIDU instead of having to return to the station.  The MIDU then administers the official breath test and possible booking.  The use of the MIDU allows the officers to get back on the street much faster.

With this increased presence of DUI patrols, be safe, and don’t consume alcohol if you are going to get behind the wheel of a vehicle.  The cost of a DUI in Washington State is much more than the cost of cab ride home.

Have you been accused of drunk driving in Snohomish County WA?  You need to contact a Snohomish County WA DUI attorney.  If you are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.  Mark W. Garka

THINK AND ACT BEFORE YOU DRINK AND DRIVE

While it is not illegal to drink and drive, many jurisdictions are arresting adults who have a blood/breath alcohol content below the legal limit.  In other words, some police officers are very tough on ANY DRINKING AND DRIVING.  Knowing this, what if you had information on where police officers were arresting drivers on any given night.  If you had known that a DUI patrol was focused on your neighborhood, you may not be searching the yellow pages for a DUI lawyer right now.  The Washington Traffic Safety Commission (WTSC) is now providing you with valuable information about the location of DUI patrols.

A new website launched by the WTSC  allows you to see where and when DUI patrols are being increased.  By going to www.watikileaks.com you can choose your County and see a list of areas and dates that will be the focus of increased DUI patrols.  Currently only 3 counties are participating (King, Pierce and Snohomish), but the WTSC hopes to eventually have every County participating in this program.  The goal of this program is to give drivers more information so that they can make an informed decision about getting behind the wheel and driving.

With DUI regulations in the State of Washington getting tougher and tougher, knowing how to avoid this situation is sometimes the best option.

Do you want to avoid a DUI conviction in Washington State?  Don’t Drink and Drive.  However, if you do find yourself in a position where you need to know more about Washington State laws regarding DUI or you are faced with a recent DUI arrest, please don’t hesitate to call my office at (425) 422-5818.

In a recent post, I discussed the history of the Commercial Driver’s License (CDL), and how the Washington State Department of Licensing (DOL) can disqualify a CDL. In this post, I will discuss the types of incidents that can trigger a suspension or a disqualification of a CDL and DUI regulations in the State of Washington.

First, let’s start with the big reasons for a disqualification. They may include the following:

* Driving Under the Influence (DUI/DWI) of alcohol or drugs
* Hit & Run (either attended or unattended)
* Using a vehicle in commission of a felony
* Using a vehicle in commission of a drug felony (manufacture, distribution, possession with intent)
* Reckless Driving (if a prior serious traffic violation within 3 years)

If you are convicted of any of the above crimes, you are subject to a 1 year disqualification for the first incident, and if there is a second incident, you are disqualified for your lifetime.

You should also be aware that you can be disqualified for “Serious Traffic Violations” in your personal vehicle which may include:

* Excessive Speeding – 15+
* Reckless Driving
* Negligent Driving First Degree (criminal charge)
* Negligent Driving Second Degree (infraction)
* Following too closely
* Failure to Stop
* Failure to Yield Right of Way
* Speed too Fast for Conditions
* Improper Lane Change
* Improper Lane Travel
* Improper or Erratic Lance Changes

If you receive 2 violations in 3 years, you will be disqualified for 60 days, and if you have 3 violations in 3 years, you will be disqualified from using your CDL for 120 days.

Remember that there are Federal rules against “masking” or hiding convictions. This means that you cannot defer a traffic infraction (it will be reported as a conviction), nor can you defer a DUI (Deferred Prosecution) for the same reason.

Further, speaking of a DUI, you need not be “convicted” of a DUI in order to lose your CDL. In Washington State you lose your privilege to drive with your personal driver’s license (and subsequently your CDL) if you “lose” your Department Of Licensing (DOL) hearing. It is a privilege to drive in Washington State and you have a contract with the DOL to a) not drive with a Blood/Breath Alcohol Content (BAC) greater than the legal limit, or b) refuse to provide a law enforcement officer a sample of your blood/breath. If you have a DOL hearing, and lose, your CDL will be disqualified.

If you have any questions about your privilege to drive with a CDL and DUI penalties in Washington State, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.

A Washington State Trooper recently handed me the attached pamphlet to let me know that there is a new DUI emphasis squad on the road called Target Zero. An emphasis squad is not new to Snohomish County.  We have had a specialized DUI crew called the Nighttime Emphasis Enforcement Team (NEET) for almost two years. The DUI officers were 5 to 6 Troopers who did nothing but patrol during the normal DUI hours (late night – early morning) and arrested people who they suspected were driving under the influence of alcohol or drugs.

Snohomish, King, and Pierce counties will now have the federally funded “Target Zero” teams on the road. They are, as they advertise, “100 percent dedicated to getting impaired drivers off Washington roadways.”

What does this mean to you? Well, let’s start with the obvious. Don’t drink and drive. Target Zero strongly suggests getting 100 percent of the drivers off of the road who have ANY alcohol or ANY drugs or ANY medications in their system.

Second, if you are arrested for suspicion of DUI (alcohol, drugs or medications), hire a King County WA dui attorney or Snohomish County WA dui attorney who is 100 percent dedicated to DUI defense to protect your rights.

Consider yourself warned.

If you have any questions about Washington State laws regarding DUI or Washington DUI Penalties, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.

You have a Commercial Driver’s License (CDL) and you have worked hard to get that special licensing endorsement.

You have endured the medical examinations and have met the standards as proscribed by federal regulations.

You have put in the hard work with the training requirements – up to 160 hours of hard work including classroom instruction and lab work.

Your CDL is important to you, and you earn your livelihood from your CDL.

You were aware that you could not drive with a breath/blood alcohol content (BAC) of a .04 when driving a commercial motor vehicle (CMV).

You were aware that a DUI in Washington State could cause you to lose your personal driver’s license.

What you didn’t know, was that if you have been arrested for a Washington State DUI, and you are a CDL holder, you could very well lose your CDL for at least one year.”How could this be?” “How can the DOL and the Federal Government take my CDL?” “Is there any way to fight to keep my CDL so I don’t lose my job?” These are the questions that I am often asked as a Washington DUI Lawyer who defends people in Washington State accused of a DUI.

Let me start by telling you about the history of the CDL and how the federal government is involved. First, Federal standards were adopted in 1986 with the Commercial Motor Vehicle Safety Act (CMVSA). Before the CMVSA, there were only lose and inconsistent regulation between the states. With the adoption of the CMVSA, requirements were imposed on the driver, the employer, and the State. The influence of the Federal Government grew in 1999 when Federal Motor Carrier Safety Administration was created. The Federal Motor Carrier Safety Administration increased funding for enforcement of the CDL laws, as well as oversight. The biggest changes occurred in 2000, when disqualifications of the CDL were required for incidents for licensees even when they were driving NON Commercial Motor Vehicles! Disqualifications can occur even for “not so serious” violations. Do you think that the States could ignore the new regulations? No way, if they did so, they risk losing federal funding.

In my next post, I will talk about the types of incidents that can trigger a suspension or a disqualification of a CDL and dui regulations in the State of Washington.

If you have any questions about your privilege to drive with a CDL and DUI penalties in Washington State, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.