Archive for the ‘Consequences of a DUI’ Category

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

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Sgt. David Abe of the Seattle Police Department spent the first 30 years of his police career without taking a sick day.  He earned commendations and promotions because of the hard work and dedication that he displayed.   The height that his career reached in 30 years took a dramatic turn for the worst during the last 3 years.

When Sgt. Abe was transferred to the Seattle WA DUI squad a few years back, he contested the late career transfer.  With the transfer happening anyway, Sgt. Abe began a downward spiral that would end in his resignation.  During that time period Sgt. Abe was personally dealing with gout, a painful form of arthritis, as well as taking care of his ill brother who has since passed away.  During his time with the DUI squad Sgt. Abe was known to be hard to locate and has admitted to taking as many as four prescriptions that advise the patient not to work or drive while taking.  An internal audit also questioned whether or not Sgt. Abe was working the hours that he was being paid for.  In 2010 Sgt. Abe was paid $108,034 in regular pay and an additional $49,691 in overtime pay.

With Sgt. Abe’s resignation this hopefully closes the chapter on the rubber stamping (See my prior post “Seattle DUI Arrests – Are The Officers Just Rubber Stamping DUI Cases?”) of DUI arrests in Seattle.  However, we must be mindful that police officers and even Sergeants are people to.  And that means they can make mistakes just like anyone else, and must be held accountable just like anyone else.  DUI regulations in the state of Washington are very strict, and the rules that govern those that enforce the regulations must be strict as well.

If you have questions about the WA State DUI process, and 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.

A few months ago it came to light that the Seattle WA DUI Squad’s Sergeant Abe may have been “rubber stamping” his officers DUI reports without actually reviewing them as Department policy required (See my prior post “Seattle DUI Arrests – Are The Officers Just Rubber Stamping DUI Cases?”).  In the subsequent months the Department’s Office of Professional Accountability (OPA) has conducted an investigation of both the Sergeant and the Officers on the Seattle DUI Squad.

There were three Officers under investigation by the OPA.  All three Officers were cleared of misconduct charges because the OPA investigation found that for the past 20 to 25 years preapproving arrests had been the general practice.  However, the three officers were nevertheless ordered to undergo supervisory counseling and training for violating the Department’s policy.

The investigation of Sergeant Abe was much more severe.  Sergeant Abe was a veteran of nearly 33 years with multiple commendations and only one previous listed disciplinary reprimand.  However, the OPA found that the Sergeant has had a decline in performance with the DUI Squad.  The OPA noted career, family, and personal difficulties leading to this decline.  After a full review, the OPA recommended a demotion and termination of Sergeant Abe.  Upon the OPA’s findings, Sergeant Abe retired from the Seattle Police Department.

The moral of this story is that we all have to follow the rules.  From a civilian having to follow the rules of the road to a police officer having to follow the administrative rules of the department; none of us are above the rules.  This situation highlights that even in a DUI arrest; the police are still held accountable.

If you have been accused of a Seattle WA DUI, then you need a Seattle DUI lawyer.  If you or a loved one have been accused of a DUI and 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.

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.

A recent addition to Washington State DUI laws requires the police to impound your car and not release it from impound for at least 12 hours.

This additional penalty for being arrested for Driving Under the Influence is mandated by a new law titled “Hailey’s Law.”  The Hailey for which this law is named,  is a woman who was seriously injured by a driver that, after being arrested for DUI earlier in the morning, got back into her car and caused the accident while still under the influence of alcohol and/or other substances.  Hailey subsequently sued the Washington State Patrol and Whatcom County and was awarded a jury verdict of $5.5 million.

With this new law, after an individual is arrested for a DUI the police will often release the individual either to another adult or on their own recognizance.  This law seeks to protect the public from the intoxicated individual after the arrest by not allowing them to retrieve their car from impound for at least 12 hours.

While there seems to be no exceptions to the mandatory impound, there are three exceptions to the 12 hour requirement.  First, if the vehicle is owned by someone other than the individual arrested, the owner may retrieve the vehicle without waiting the 12 hours.  Second, a registered co-owner, other than the individual arrested, may retrieve the vehicle.  And third, if the vehicle is a commercial or farm vehicle, the legal owner, if different than the individual arrested, may retrieve the vehicle.

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 to speak to a Washington DUI Attorney.

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

In a Seattle Times post, one man is alleged to have racked up 18 reckless and alcohol related driving convictions. For the article, check out:  http://community.seattletimes.nwsource.com/mobile/?type=story&id=2014715388&

The number of alcohol related violations may sound astounding, and believe me, it is astounding.  However, the real issue is offhandedly addressed in the article. The accused driver, according to his family, is a Vietnam Vet and suffers from mental health issues.

It is easy to say that this man has no place in society and must be locked up to avoid killing others. That is one argument. On the other hand, there is much more going on with this man. Clearly he suffers from chemical dependency and mental health issues.

Look, anyone who drinks and drives can get a DUI.  Honestly, it is much harder to get two DUIs. I have dealt with many people with mental health issues who often will accumulate multiple DUIs. My personal policy is to address the mental health issues with clients and seek help so they can break the damaging cycle for themselves and for society.

Visit my website at www.washington-dui.com if you have any questions about your DUI case. If you know of a loved-one who is been accused of a DUI, and they are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818 for help.

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.

I hear this question all the time: “Do I really have to go to jail?” Typically, I then hear the following protest: “If I go to jail, I will lose my job!!!”.

Well, if you are convicted of a DUI in Washington State, the mandatory jail sentence is at least one day.  If you are convicted of a Washington State DUI and you must serve a long jail sentence, up to one year, http://www.courts.wa.gov/newsinfo/content/duigrid/DUIGrid.pdf, you may be able to serve your sentence with Work / Education Release (WER), Electronic Home Detention (EHD), in-custody Work Crew, or out of custody Work Crew (WC). These are all alternatives to serving straight in custody jail time.

Work / Education Release is an “alcohol and drug free residential program.” If you are approved for Work / Education Release, you can maintain your employment, treatment, or schooling. If you are allowed to serve your sentence on Work / Education Release, you are required to pay for your incarceration.

Electronic Home Detention (EHD) is an alternative for low-risk inmates to serve their entire or portion of their sentence an alternative by wearing electronic monitoring equipment. “Inmates” are confined to their home, except when following an approved set schedule for work, school or treatment. If you are approved for EHD by the Judge, you must place a deposit on the equipment, and pay a daily charge for the device.

Work Crew (WC) is an alternative that allows you to complete your sentence working on various work programs. Under the supervision of a Corrections Officer, you may work on tasks such as salmon habitat restoration, roadside litter cleanup, or other tasks to restore our community. If you are out of custody, you are expected to show up to work crew on time and work a minimum of 8 hours a day. If you are in-custody, you live at the residential community corrections facility and report to work crew from there.

In order to participate in either the Work / Education Release, Electronic Home Detention, or Work Crew, you must meet established statutory and program criteria. Once you are allowed to participate in these programs, you must comply with the requirements of these programs, and if you fail to comply, your sentence will be transferred to jail time.

What do you need to consider if you are allowed to participate in the alternatives? First of all, appearance is  MANDATORY, not optional. Failure to appear will result in you sitting the remainder of your time in jail. Parking is, depending on your county of incarceration, a concern. Usually, there is no designated parking for inmates. You cannot go out and move your car to avoid parking tickets.

In the Work / Education Release program, you may have additional considerations. For example, if you have a ride coming to pick you up and take you to work, you must have a licensed driver pick you up, and they must show proof of a valid driver’s license and proof of insurance before you can ride with that person.

Unauthorized stops to get gas for your car, or stop off at the store is NOT PERMITTED!

You must be able to contact corrections, or more importantly, Corrections must be able to contact you.

You may be able to use your prescription medications with a proof that the medication is your prescription.

You will be limited to a certain number of hours out of the residential community.

You will pay a fee for your incarceration which is typically based on a sliding scale.

You may have certain geographical limits based on the county’s limitations. For example, In King County, the Corrections program may not allow you to cross Puget Sound and work in Kitsap County. In Snohomish County, Corrections may not allow you to work as far north as Whatcom County. These limitations depend on the corrections policies and you need to seek approval in advance if you have geographical issues.

Participation in any of these alternative incarceration programs means that you are not living life as normal. You may have wake-up and a lights-out times. You may have a dress code. You may be limited with the personal items you can bring in.

You may see visitors assuming the corrections facility allows visitors.

This blog post is supposed to be informative and is not supposed to be a definitive list of the responsibilities of each alternative program.

If you are a current client, please view the Clients Resource Center on my website for a copy of the Snohomish County Community Corrections Program Orientation Manual. The Orientation Manual goes into more detail about fees, visiting hours, rules, violations of the program’s rules, sanctions of violations, and facility rules.  These are all very important things you need to know.

If you have any questions about your ability or opportunity to participate in the Work / Education Release program, Work Crew, or Electronic Home Detention, in Washington State and other confinement 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.

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.