Archive for the ‘Breath Tests’ Category

A DUI can happen to anyone.  You go out for some drinks, have a nice time, and decide that you are going to get behind the wheel and drive home.  The unfortunate effect of alcohol is that sometimes it alters our perception; including our perception of our own ability to drive.

Making the choice to drive after consuming alcohol could result in being pulled over by the police and later charged with a DUI.  Think this won’t happen to you, check out my prior blog “53 Arrests in 2 days – The Return of Snohomish County DUI Patrols”:  http://washington-dui.com/wa-dui-blog/dui-attorney/53-arrests-in-2-days-the-return-of-snohomish-county-dui-patrols/

A DUI can happen to anyone, regardless of age, sex, or occupation; even to a police officer.  This was all too apparent to John Fox, a veteran of the Seattle Police Department that was charged with a DUI after causing a four car accident in Mukilteo back in October.  Unfortunately, John Fox’s incident did not serve as enough of a deterrent to fellow Seattle Police Sergeant, Joe Fountain.

Sergeant Fountain was arrested last weekend for suspected DUI.  Sergeant Fountain was observed driving a unmarked Seattle Police Department vehicle, and subsequently pulled over, for committing a series of traffic infractions.  The officer conducting the stop recognized the Sergeant, and recognized that possibly he was intoxicated, and notified the Washington State Patrol to come and take over the investigation.  Sergeant Fountain was later arrested for DUI.  There is no indication that Sergeant Fountain was on duty at the time of the incident, however the Sergeant has been transferred pending an investigation by the Seattle Police Department.  While Sergeant Fountain was arrested for suspected DUI, it is unknown at this time if he will be officially charged with a DUI by the City or State Prosecutors.  For more information see: http://today.seattletimes.com/2012/02/seattle-police-sergeant-arrested-for-dui/

It just goes to show you that no one gets a free pass in Washington State.  Whether you are a regular citizen, a politician, or a police officer, you still must abide by the Washington State DUI laws and their consequences.

Do you have questions about the Washington State DUI process? Have you been accused of a DUI in Seattle Washington and are not represented by counsel?  You need a Washington State DUI attorney.  Please don’t hesitate to call my office at (425) 422-5818 for help.

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

As an individual accused of the crime of Driving Under the Influence (DUI), you are afforded a great deal of rights under our legal system; the right to remain silent, the right to council, the right to a trial, etc.  Unfortunately the right to remain out of custody is not one of those guaranteed rights.

In the instance of a DUI, once the Prosecutor files charges, you receive an arraignment date to appear before the court with a summons.  At this appearance the Prosecutor will present the charges against you and the Judge will both review the charges and either impose conditions upon you if you wish to remain out of custody or take you into custody and set bail.  These conditions can vary from court to court and depend in part on your criminal history.

The following is a list of standard or normal DUI conditions.  Many courts will impose these conditions on anyone who is charged with a DUI.  Courts typically have their own specific conditions they use, but most will be a combination of all or some of the following:

• Do not commit any violations of any law;
• Keep the clerk of the court advised of your current address;
• Do not drive without a valid license and proof of insurance;
• Do not possess or  consume alcohol or a non-prescribed controlled substance;
• Do not refuse to submit to a breath or blood sample to determine its alcohol content if required by a police officer (this typically does not include the Portable Breath Test (PBT);
• No Blood Alcohol Concentration (BAC) result of .08 or more;
• Do not drive within 24 hours after use of alcohol or mood altering drugs.

The court does have the power to further restrict your freedom if they feel that you are either a safety risk to yourself and/or to the public.  Many times the court will base this decision on the specific facts involved in the charge (if violence was involved, breaking conditions previously set by the court, etc.) and/or your criminal history (previous DUIs or other drug/alcohol related offenses).  In these cases the court will typically impose one or all of the following (in addition to the above standard conditions):

• The defendant shall not operate any motor vehicle without an approved ignition interlock system;
• The defendant is required to wear a SCRAM bracelet;
• The defendant may not leave the State of Washington;
• The defendant may not frequent any establishment whose primary business is to sell alcohol.

In the most extreme cases the court has the power to deny you your freedom entirely unless you post bail in the amount set by the court.  In those cases, even if you do post bail, the court may require you to adhere to any or all of the above conditions.

Are you facing a DUI charge in Washington State?  Don’t  hesitate to call my office at (425) 422-5818.

Mark W. Garka

www.washington-dui.com

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.

Recently it came to light that a Seattle Police Patrol Sergeant (yet another blemish on the Seattle Police Department) was arrested by a Washington State Patrol Trooper for a DUI.  For the full story, see the following link:  http://seattletimes.nwsource.com/html/localnews/2014809140_copdui19m.html

The moral of this story is: If you drink, and if you drive, you CAN be arrested for a DUI.

Of particular importance in this DUI is that the officer’s Breath Alcohol Level (BAC) was measured at .069 and .075 according to the DataMaster (Washington State’s current breath testing machine).

Did you know that you can still be arrested for DUI and be BELOW the legal limit of .08?  You bet you can if the arresting officer believes you are under the influence of alcohol. Bad driving, failing the Standardized Field Sobriety Tests (SFSTs) and other non-standardized tests, and the officer’s observations can lead to a conviction of a DUI even if you are below the legal limit of .08.

Do you want to avoid a DUI conviction here in Washington State?  Don’t Drink and Drive.  However, if you do find yourself in a position where you need to defend yourself of an officer’s accusation of DUI, please don’t hesitate to call my office at (425) 422-5818.

Mark W. Garka

www.washington-dui.com

Have you been convicted of a DUI in Washington State and feel like someone is watching you? Well, if you don’t, then you will.

A conviction to a DUI in Washington State, either alcohol or drugs will now require installation of an Ignition Interlock Device (IID). This requirement is new in 2011.  In 2010, only a conviction to a DUI with alcohol required an IID.

As I have previously discussed in a prior blog, an IID is a device that allows you to start your vehicle after you “prove” that you have no (.02 blood alcohol content) alcohol in your system. An IID is required for any DUI conviction (high alcohol levels or low alcohol levels and again for drug DUIs) for a period of time not less than one year.

Prior to 2011, getting a device removed from your vehicle was no big deal. Once you were done with your IID requirement, you had it removed. Now, an IID can be removed only after the Department of Licensing (DOL) receives a declaration from your ignition interlock provider claiming that you have none of the following incidents in the prior four (4) months of the release date: You have not (a) had an attempt to start your vehicle with a breath test of .04 or more; (b) failed to take or pass any required re-test; (c) failed to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

If you have any of the above issues, then you are required to continue with the IID in your vehicle until you have four consecutive “good” months with your IID. This new law allows the State to watch you via your device to see if you have complied and been “good”. This new law does not, of course, recognize that the IID may have issues (false positives and the like), or that your life may interfere with the maintenance, repair, or calibration appointments.

As a practical matter, keep an eye on your IID. Do not let anyone else around or use the unit. Don’t drink anything while you drive except good old fashioned water. Since you need four good/trouble free months with your IID before it is removed, guard it like it was your child. You should talk to your IID provider to see what kind of policy they have in place to assist you when you need that certification submitted to the Department of Licensing.

If you have any questions about your privilege to drive with an IID in Washington State or you need a recommendation for a trusted IID provider, 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 recent encounter in Court reminded me that an Ignition Interlock Device (IID) is not a device to take lightly, and that I should remind others to be careful with their IID and DUI regulations in the State of Washington.

Here’s the tale. A client recently used his court ordered Ignition Interlock Device (IID) as a way to check his brother’s breath alcohol level.  He wanted to make sure his brother didn’t have any alcohol in his system.  In other words, to verify his brother was safe to drive.

Before I continue this tale, let me just remind you about IID. An IID is a device that detects breath alcohol concentration. The device is hard wired into your car/truck and you must blow into the device before you start your vehicle. If the IID detects breath alcohol under the device’s limit (.025), you may start your vehicle. However, the IID does not provide a Breath Alcohol Content Number (BAC) that the driver can view.  If the device reads a number over the .025 limit, the device will lock out the system and you will be unable to start your vehicle.

Now, back to my tale. A good brother, trying to make sure that his sibling does not drive with any alcohol in his system, uses the IID to veryify that his brother is safe to drive. The good brother had NO IDEA that the IID kept track of the blow attempts, recorded the information, and provided the court with proof of any samples that were above the .025 limit.

In my Client’s case, the IID provider, per legal requirements, found 2 attempts well above the .025 limit, and told the Court that my client, the good brother, had alcohol in his system. It was a condition from the Court, with my Client’s probation, that he abstain from alcohol.  The IID reading told the judge that my Client was not abstaining from alcohol.

Luckily, the court gave my Client, the good brother, another chance to prove his abstinence from alcohol.  The judge clearly informed, my Client, the good brother, that any (and he said ANY) alcohol reading on the IID in the future would result in my Client spending time in jail.

Ignition Interlock Devices should NOT be used as an alcohol measuring device. I am aware of a seperate incident where individuals thought it would be “fun” to see just how high the IID would go (they really didn’t understand the system). That “fun” resulted in the owner of the IID going to jail because the Court presumed “she” had been drinking becuase of readings on the IID above .025.

Obviously the intent of the IID is to stop people who have had issues with alcohol from driving with alcohol in their system. You can rest assured that the IID may work as a “nark” to inform the court that you may be drinking, even if you have no intention of driving.

What is the moral of this tale? If you have an IID installed in your car/truck, treat it with kid gloves. DO NOT allow others to use your vehicle. DO NOT use the IID as a pass/fail to see if you or your friends are OK to drive. DO NOT play around with the IID unit. Your freedom depends on treating this with respect; not as a toy.

If you have any questions about your privilege to drive with a IID in Washington Satae and other interesting alcohol/driving issues including DUI here in Washington State, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.

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.