Posts Tagged ‘Washington State DUI’

A DUI Arrest Affects More Than Just You!

Wednesday, October 1st, 2014

When you are arrested for a DUI it certainly effects you and that reality comes true when the officer slaps the handcuffs on your wrists. However, your arrest also affects others. Imagine having a friend or family member in the car with you when yA DUI Arrest Affects More Than Just You!  ou are arrested. They must then find a way home when your car is impounded. If you get a DUI with children in your car that are under the age of 16, CPS (Child Protective Services) will become actively involved.

Your job could be at risk; affecting your loved ones. Your time will be spent going to court, meeting with your WA State DUI Lawyer, and cleaning up your situation.

Also, consider this: What happens to your puppy that you left at home when you are arrested? Watch this video, “Friends Are Waiting” by Budweiser, for a touching reminder: https://www.youtube.com/watch?v=eubWYPhcEEo

Have you been arrested for DUI and need help and you want to find the best Snohomish County DUI Defense Lawyer? Please contact my office at 425-422-5818 if you need to discuss the WA State DUI process. Mark W. Garka, www.washington-dui.com

 

 

Are you DUI ? There is an app for that!

Tuesday, September 16th, 2014

What if your Smartphone could tell you if your Breath Alcohol level (BAC) was above the presumptive legal limit (0.08 for adults)?

As more and more of us are buying Smartphones, and we may also use a Portable Breath Test (PBT) device; what if we could combine the two devices so we would know when we are safe to drive after consuming alcohol?

Some new devices are small enough to fit in your pocket or purse, and cost as little as $50.00. Some simply require you plug the device into your Smartphone, blow, and you can see your BAC level. While you may consider this a tool to help you make a smart decision to drive or to take a taxi, beware that even if you are below the presumptive limit, you can still get a DUI. See the Today Show report below:

Visit NBCNews.com for breaking news, world news, and news about the economy

Or the CNN report seen in this video:

Three such DUI breath test devices on the market are: Breathometer, Alcohoot and BACtrack Mobile. Some informal testing has been done and, let’s just say that you shouldn’t trust these devices yet. Even the maker of the Breathometer suggests that “Nothing ever replaces good judgment and at no time should you drink and drive.” See report: http://www.today.com/news/can-breathalyzer-apps-tell-you-whether-youre-legally-drunk-1D80054125

One big issue that arises is the misconception that you can be below the legal limit, again, a 0.08 for adult drivers, and will not get a DUI. If an officer thinks you are impaired, then you WILL be arrested for a DUI, regardless of your “low” breath alcohol number. In short, don’t trust the numbers and always remember that it is safer not to have anything to drink before you drive.

While this technology is interesting, and would be a blast at parties, I wouldn’t use it as an approval to drink and drive. The safest bet is to NOT drink anything and then drive. While it is not illegal to drink and drive, there is a movement by law enforcement to find and arrest all drivers that have consumed alcohol.

If you find yourself in need of legal advice for a DUI or you want to beat a DUI, please call me at 425-422-5818 and I can discuss the WA State DUI process. Also, please visit my website, www.washington-dui.com. Mark W. Garka

 

Are you DUI ? There is an app for that!

 

 

DUI Arrests, The Final Frontier

Wednesday, August 27th, 2014

WSP Aircraft Hunting For DWI Drivers

In a recent turn of events, the Washington State Patrol (WSP) is now looking for impaired drivers from aircraft.

In an article from the Everett Herald we have learned that the airplane’s crew can be called in to spot and follow or locate drunk or aggressive drivers. The estimated cost of each of these airplanes is not listed, but the cost of the Forward Looking Infrared Radar (FLIR) (http://en.wikipedia.org/wiki/Forward_looking_infrared) which is used in military airplanes is an estimated $400,000 each.  There is no estimate on how much it costs to operate the program on a monthly basis.  Last year, without the airplane program in place, WSP netted 18 impaired drivers on a busy summer weekend in Snohomish County. Presuming the same number of drivers are arrested this year during the same busy summer weekend and if the two airplanes are used to help with the arrest, the cost would be over $44,000 per DUI driver.  Is this cost effective?  Really?

For more information, see: http://www.heraldnet.com/article/20140704/NEWS01/140709572#comment-1469762516

If you have been arrested for a DUI and you would like to speak to Snohomish County DUI Defense Lawyer or you want to find the best DUI lawyer in Mill Creek, WA to discuss the WA state DUI process, please call 425-422-5818 and visit my website at www.washington-dui.com.  Mark W. Garka

Wahing dui attorney

DRIVE HIGH, GET A DUI… It’s here…

Wednesday, July 16th, 2014

drive high and get a dui in waMarijuana DUI Laws In WA State.

After much anticipation, it is now legal to consume recreational marijuana purchased from state endorsed stores in Washington State. With the arrival of recreational marijuana comes the reminder, that if you get high, and then drive, you can get a DUI.

Unlike an alcohol DUI, where the suspect is given a DUI breath test, a marijuana DUI involves a trip to the hospital for a DUI blood test.  However, the officer can also make an arrest based on observed impairment.

Just like an alcohol DUI, a person charged with a Marijuana DUI is subject to jail time, loss of license, and paying high fines.

For more information see:  http://www.heraldnet.com/article/20140620/NEWS01/140629934, http://wa-snohomishcounty.civicplus.com/Archive.aspx?ADID=3885, http://www.kirklandreporter.com/news/263841291.html

Also visit this video:   https://www.youtube.com/watch?v=ku6ZnVbBIqU  

If you enjoy a bit of the recreational marijuana and find yourself in trouble with the law while driving under the influence of Marijuana, contact my office as soon as possible to discuss what we can do to help you.  Mark W. Garka, www.washington-dui.com, 425-422-5818

 

“Voluntary” Checkpoints in Washington State?!? Are You Kidding Me?

Thursday, July 3rd, 2014

Sobriety Check Points are UNCONSTITUTIONAL in Washington State, but the government is trying to sneak in checkpoints and couching them as “voluntary.”

Here is how the end run to our State Constitution will work:  Survey teams, sponsored by the Government (National Highway Traffic Safety Administration (NHTSA) officials, and the Washington Traffic Safety Commission) will create random checkpoints and stop drivers.  A driver will be “asked” to “volunteer”  samples of breath, saliva and or submit to a dui blood test and they state that their goal is to give the Government a better idea on “how many people drive impaired”.  Furthermore, the participants get $60!washington state volunteery sobriety checkpoint

In addition to giving up your Constitutional Right to be left alone, ARTICLE I – SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED: http://www.leg.wa.gov/LAWSANDAGENCYRULES/Pages/constitution.aspx, no person shall be disturbed in his private affairs, or his home invaded, without authority of law.

These roadside surveys began in early June of this year. The pilot project started in Spokane and Yakima counties, followed by Kitsap and Whatcom counties, and we will most likely see it coming to King and Snohomish counties.

This project is not new in the United States, as Texas tried out this program and then pulled out, and apologized to its citizens. The problem is that people feel compelled to participate. If a driver refuses to participate, or if the Government officials feel the driver is impaired, and the driver refuses “assistance” then the nice police officer who is conveniently standing by will arrest the driver.

We are getting so used to the Government trampling our Rights, we will, for a mere $60 be happy to give up our right to not have the Government invade our private affairs.  We will allow the Government to implement unconstitutional roadside sobriety road blocks.

Listen up people! Don’t give in to the Government’s intrusion. Refuse to participate. Just say “no” to this Governmental tyranny.

For more information, see:  http://seattletimes.com/html/localnews/2023801536_roadsidesurveysxml.html and http://www.king5.com/news/local/voluntary-swab-test-drugs-alcohol-drivers-261969751.html

If you find yourself having to defend a WA DUI and from the Government in a DUI case, contact my office at 425.422.5818 for an initial in-office consultation.  I serve most counties in the greater Puget Sound Area, including but not limited to Snohomish County DUI, King County DUI, and I even defend DUIs in Ellensburg and Yakima.  Mark W. Garka, www.washington-dui.com

Another Issue Arises On The Road To Washington State’s Progressive Marijuana Policy

Monday, June 9th, 2014

Federal Government Bans Pot On Military Bases In Washington State

It is not news that Washington State has become one of the most progressive States in legalizing Marijuana.

I have previously blogged about interesting issues that have come up with Washington State’s Marijuana policy and driving under the influence of Marijuana or pot.  See:

http://washington-dui.com/wa-dui-blog/dui-attorney/dui-marijuana-not-a-dangerous-threat/

http://washington-dui.com/wa-dui-blog/dui-attorney/can-i-drive-my-car-after-i-have-smoked-marijuana-there-is-no-easy-answer/

http://washington-dui.com/wa-dui-blog/uncategorized/warning-increased-dui-patrols-planned-around-seattle-hempfest-2013/

http://washington-dui.com/wa-dui-blog/dui-attorney/the-marijuana-dui-a-whole-new-world/active usa military and marijuana laws

Now, there is another interesting new twist to deal with:  The Federal Government has reminded us that it has a ban with pot on military bases in Washington State.  What does that mean to our military service members here in Washington State?  Pot use remains off-limits to military service members.  If you are in the service (Active-Duty and National Guard members), and you are caught with Marijuana, you  face possible expulsion from the service.

Currently, if you are in the service, you are subject to random UAs.

The Federal Government will root out drugs in the Military,  and all soldiers and airmen are hereby ordered not to possess or use marijuana.

Even if you are not yet in the military, and you have hopes and dreams of joining, beware,  the new state laws also do not change standards for new recruits.  While past marijuana use doesn’t automatically bar military service, enlistees are given 2 UAs after joining and failing either one would mean that you are no longer able to join the military.

For more information, see: http://seattletimes.com/html/localnews/2023266388_marijuanamilitaryxml.html

Are you in the military, and have been arrested for Driving under the Influence of Pot or DUI Marijuana or Washington State DUI? Call my office at 425.422.5818 for a free in-office consultation.  Mark W. Garka

Underage Drinking: Don’t remember your graduation for the wrong reasons!

Tuesday, May 20th, 2014

Underage Drinking Has Serious Consequences In Washington State

High School Graduation is a time for celebration. June is approaching where a large number of 18 year olds will be leaving High School and entering the” “real” world where they will need to make adult decisions.Underage drinking

For as long as there has been an age limit on drinking alcohol, there have been underage children trying to get their hands on it.  They have used fake ID’s, older friends to buy it, and many other tactics to get around Washington State’s liquor laws.  Some underage children have even turned to alternative products that contain alcohol. Over the past years, children have consumed mouthwash, cough syrup, and vanilla extract, all in the pursuit of a buzz. There is now a new product that children are consuming; hand sanitizer!

Recently, six teenagers ended up in a Los Angeles ER with alcohol poisoning after consuming hand sanitizer (for more info. See http://seattletimes.nwsource.com/html/nationworld/2018054762_sanitzerdrunk24.html).  These teenagers have figured out a way to distill hand sanitizer into its pure alcohol form. The result is a 120 proof alcohol that they consume.  A few drinks by an individual of this concentrated alcohol can result in a high enough blood alcohol level to fail the DUI breath test and get arrested for a DUI under 21 in Washington State. Health officials now warn parents of the potential risk that hand sanitizers can pose and urge them to switch to the foam based hand sanitizers.

https://www.youtube.com/watch?v=K67W-f0qAGA

Underage drinking has serious consequences.  Please enjoy a sober graduation and If you are a minor or know one that has been accused of Washington State DUI or a Minor in Possession of Alcohol (MIP) charge, you need an Washington State DUI lawyer or Snohomish County DUI Defense Lawyer.

If you need to beat a DUI and are not represented by counsel you can reach me at (425) 422-5818 or visit my website at www.washington-dui.com.  Mark W. Garka

 

 

Issues with Seattle Police In Car Videos

Tuesday, April 29th, 2014

One of the most often asked questions I get as a DUI Defense Attorney is, “My arrest was on video, right?”  

The answer usually is “no”.  Most law enforcement agencies, surprisingly, don’t have video recording equipment in their patrol cars.

Why? Expense is an often cited reason. It costs money to put video/audio recorders in patrol cars. I have watched videos that don’t help the officers and sometimes they are removed for an unknown reason. For example, I saw an experienced Washington State Patrol Trooper testify that he advised a suspect DUI Driver that the Standardized Field Sobriety Tests (SFSTs) were voluntary.  However, watching the video in Court, that is NOT what transpired. The Trooper told the suspect to exit the vehicle and then the Trooper said, “We are going to do some tests…”  It was not long after this episode that the Trooper no longer had a video recorder in his patrol car.

Sometimes for whatever reason, the recording capabilities malfunction. Seattle is one of the few agencies that has video recording capabilities.  For example, recently the City of Seattle Prosecutors revealed that there were glitches with the Seattle Police Department (SPD) in-car videos.  Apparently, according to a source, when the Seattle Police Department switched to a new high-definition resolution system, there was possibly a glitch that caused some frames to drop from the videos.

Did the police officer make any of these mistakes when stopping you?

If a video is missing or has glitches, it may affect the City’s and or State’s case.  Also, some issues may result in suppression of evidence, or even dismissals of cases.

For more information, check out the following link:  http://seattletimes.com/html/localnews/2023287986_spdvideoxml.html

Have you been recently arrested for a DUI in Washington State or Seattle and want the best Washington State DUI attorney? If so, contact the Law Office of Mark W. Garka for an in-office consultation regarding your case. Call 425.422.5818 to set up your consultation.

Can I Drive My Car After I Have Smoked Marijuana? There Is No Easy Answer…

Sunday, April 20th, 2014

The New DUI Marijuana Law

Washington State residents have a lot to learn about the new DUI Marijuana law and Driving Under the Influence of Marijuana.

One group, Medical-Marijuana patients, in Washington State fear with the passage of Initiative 502 (DUI provision with a set THC legal limit of 5 nanograms) may mean the end of their legal driving abilities.  Also, remember, if you are under the age of 21 then you cannot have any THC in your system.

In a Seattle Times article http://seattletimes.com/html/localnews/2019872003_medpot10m.html, Tim Adams, a medical marijuana patient, had the following to say, “The DUI provisions mean someone would have to wait for four to five weeks after smoking marijuana to be sure they would pass the [THC] blood test.”  Adams further stated that due to how the body releases toxins, patients are concerned that although the effects are not felt, they would still be driving under the influence of marijuana with a THC level exceeding the legal limit.

This new Marijuana law may cause many problems for patients that smoke weed for medicinal reasons and for individuals that smoke weed for recreational reasons.

Have you been arrested for a marijuana DUI in Washington State, and need an attorney’s help? Call Mark W. Garka at 425.422.5818 to set up a free in-office consultation to discuss your rights and the WA DUI process.

Sobriety 24-7 Program for Repeat Offenders – Put on hold

Sunday, April 6th, 2014

Washington State has been experiencing many drastic new changes in DUI laws and DUI penalties.

In Washington State, we have some of the toughest Ignition Interlock Device (IID) requirements in the nation. We also have mandatory jail time and fines if convicted of a DUI and everyone convicted of a DUI has to get an alcohol/drug assessment.

During the last Legislative session, a program was enacted which would require repeat offenders and even a second offense DUI offender, to be booked into jail.  The DUI repeat offender cannot bail out of jail until they see a judge.  Once they see a judge, the DUI repeat offender would be on a monitoring program until their case is finished!

The repeat offender (called a “Participant”)  would be required to prove that they have not been drinking by going to a specific location to provide a sample of their breath into a Portable Breath Test device (PBT), 7 days a week.

Counties have been reconsidering their participation in this program because of potential Constitutional concerns (as if violating the Constitution has ever stopped bad laws), and, probably more importantly, because of cost concerns.  Counties participating in the program would be required to hire additional employees to watch the “Participants”.  Chelan County backed out of the program because as one official said, “It just seemed to me like the county was taking something on that maybe it couldn’t afford”.

For more information see:  http://www.yakimaherald.com/news/latestnews/2040387-8/dui-pilot-project-raises-legal-concerns and http://www.opb.org/news/article/npr-washingtons-new-247-sobriety-program-runs-into-snags

Washington State is getting tougher on DUI arrests and even drivers alleged to have committed a DUI.   Perhaps common sense is winning out here.  If you have been accused of DUI and are facing Washington State’s tough DUI laws and would like to discuss the Washington State DUI process, don’t wait to call an attorney. Contact my office at 425.422.5818 to set up an DUI initial in-office consultation.