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Washington State laws regarding Driving Under the Influence (DUI) are some of the strictest in the country, and they may be getting even tougher.  A DUI Task Force meeting recently discussed several proposals aimed at increasing the penalties for an array of DUI related offenses.  Most notable is a proposed increase in penalties for people who are convicted of DUI with children in the vehicle.

The specifics of this proposal are not yet known; however other states have made similar proposals that increase the penalties for DUI if anyone in the vehicle, other than the driver, is under the age 16.  The presumption is that the minor does not have the option of not getting into the vehicle with the intoxicated person.

In Washington State you can currently be charged with Reckless Endangerment (in addition to DUI) if you choose to drive intoxicated with another person in the car.  So, the increased penalties for driving with a child in the car would likely be increasing the potential jail time and fines for a DUI charge in addition to any other charges the State decides to file.

If you have any questions about your Seattle DUI case, 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 Mark W. Garka

In the interest of having a transparent government, every citizen has the right to request and receive copies of any public record held by a government agency.  A public record, as defined by RCW 40.14.100, is basically any document that is maintained by the government entity, be it in the form of data, email, written, picture, or any other source.  In the case of a first or second DUI in WA, it could pertain to the other DUI stops that the same officer has made so that your Seattle WA DUI Lawyer can look for inaccuracies.  However, there are exemptions from this rule and this is where a lot of litigation takes place.

Recently litigation has centered over what a police department has to turn over when a public records request is requested.  The Seattle Police Department (SPD) has refused to turn over internal documents relating to the investigation of excessive force of their officers because it violated the officer’s right to privacy and would hinder effective law enforcement.  However, this defense did not work in a recent case involving a 72 year old man who claims that the SPD used excessive force when detaining him and transporting him to a hospital.  The Judge found that the internal investigation did qualify as a public record and that the interest of the officer’s privacy and the hindrance of effective law enforcement, did not exempt the documents.

The real kicker here is that when a plaintiff wins a public record litigation, the Judge can order the government agency to pay fines per day for withholding the documents and to pay attorney’s fees.  In this case, that amount has added up to about $129k with another $20k pending.  The unfortunate end to this case is that the burden of this cost really falls on the taxpayers.  Every citizen has a right to public documents and when they are not turned over, a right to use the court system to force the government agency to turn them over.  Unfortunately, the fines that are incurred because of a delay in turning the records over are on the shoulders of all taxpayers.

Have you been accused of DUI and are not represented by counsel?  Please don’t hesitate to call my office regarding your options for first DUI in Washington State, questions about the WA State DUI process, or any other questions you may have.  You can reach me at (425) 422-5818 or visit my website at www.washington-dui.com.

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

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.

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

It has recently come to light that there may be administrative policy violations involved with the Seattle Police Department’s DUI Emphasis Squad. Officers in the DUI Squad apparently are required to have a supervising officer double check their work before it is submitted to start the criminal case. It is alleged that the Sergeant in charge was telephonically approving the officer’s reports and a rubber stamp was affixed to the DUI report. This allegation my mean that the officer reports were not properly screened per the policy of the Seattle Police Department.

The Seattle DUI Squad is one of the few emphasis squads operating in the greater King County area. Washington State Patrol (WSP) operates the Target Zero squad in King, Snohomish, and Pierce Counties. (See my prior post “ Target Zero Teams Are On The Road – Consider Yourself Warned!” for more information on the Target Zero Squad.)  Additionally, other jurisdictions such as the City of Lynnwood have officers who devote their time to DUI Emphasis, even though they are not formally banded as a DUI Emphasis squad. All emphasis officers are trained in DUI/DWI detection according to National Highway Traffic Safety administration (NHTSA) standards and typically are proficient in DUI arrests.

What do the allegations mean for a Seattle DUI defendant? If your case involves a DUI Squad member your case should be reviewed by your attorney. The City of Seattle promises to look into the allegations, but it is always best to have someone on your side to protect your rights. Seattle DUI Squad members have video in their automobiles and that video must be reviewed for consistency in the report and to support the allegations made by the officer about your case.

The “Rubber Stamping” may turn out to be more of an issue than it first appears.  A few years ago, when the first hints of impropriety leaked from the Washington State Toxicologist Lab, they sounded very similar to the issues concerning the Seattle DUI Squad. As it turned out, the Toxicology issues were wide-spread and it was discovered that the science of the Toxicology lab was not up to standards at all!  While I’m not saying that the Seattle DUI Squad has the same wide-spread issues; I am happy that steps are being taken to investigate these issues.

If you have any questions about your Seattle DUI case, 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.

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.

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