Archive for the ‘FAQ’ 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

We should know by now that if you choose to drink and then get behind the wheel of a car, there could be some serious legal consequences.  What you may not know is that if your child chooses to drink and stays home, in YOUR home, there could be some legal consequence for you as well.

Mercer Island recently passed a new city ordinance, the “social host” ordinance.  This ordinance imposes a $250 fine on the owner, renter, or leaser of a piece property where teenage drinking has occurred.  Now it is already illegal for an adult to facilitate a minor’s consumption of alcohol, regardless of whether or not the adult is the minor’s parent.  This new ordinance takes that law one step further by not requiring any knowledge of the teenage drinking.  In many cases, the law requires what’s called mens rea, which is Latin for “guilty mind”.  The requirement of mens rea means that in order to be guilty of the crime, the prosecutor must show that you intended to do the act which was illegal.  This new social host ordinance does away with mens rea and requires no knowledge of the teenage drinking on your property.

An example of this would be:  if you were to go away for the day and your teenager had some friends over, they drank some alcohol, that drinking was reported, and then you could be fined $250.  In other words, YOU could be held responsible even if another teenager were to bring the alcohol onto your property – without your knowledge!

The laws surrounding alcohol consumption continues to get tougher and tougher.  The best way to avoid being on the other end of the law is to know the law.  King County WA DUI laws can be scary and you need to speak to an experienced King County WA DUI attorney to know all your options.

If you have questions about a WA State alcohol related charge, please don’t hesitate to call my office at (425) 422-5818 or visit my website at www.washington-dui.com.  Mark W. Garka

Our men and women of the armed services are entrusted with the great responsibility of protecting our nation, our citizens, and our way of life.  This responsibility is accompanied by a long list of requirements that those not in the armed services do not have to worry about.  In addition to following the same laws that a regular citizen must follow, an individual enlisted in the military must also adhere to a set of regulations specific to the military.

The Uniform Code of Military Justice (UCMJ) is federal law and applies to both criminal and noncriminal activities that a member of the military may have participated.  Specifically, if an individual in the military gets arrested for a DUI, they may face repercussions both from the state or city as well as repercussions from the military.  These military repercussions could have a severely negative effect on the person’s career or advancement opportunities within the military.  These consequences, as well as future deployment, may push an individual into pleading guilty to a DUI in Washington State quickly so as to avoid their military unit finding out about the DUI arrest.

There are specific concerns to be aware of if you are a member of the military and accused of a DUI.

What additional punishments could you face?  How could this affect your career?  What options are there if this is your first DUI in Washington State?

Are you accused of a DUI in Washington State and worried about how a conviction could affect your military career?  Mark W. Garka can answer these questions.

If you have questions about your Washington State DUI and you are not represented by counsel, please don’t hesitate to call my office at (425) 422-5818.

Mark W. Garka

www.washington-dui.com

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.

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.

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.