Posts in category DUI / Drunk Driving / DWI

You Know You Drank Too Much Alcohol IF…

Have you ever been out with friends and you swore to yourself you would only throw back a few beers or only enjoy one or two frosty beverages. You may have entered the evening with the best intentions to limit your alcohol intake, but the night was young and the party was hot so you had a few more drinks. Now your wondering if you’ve gone overboard and perhaps you enjoyed too many finely crafted brews. Well, wonder no more, if you have any of the following symptoms or find yourself in one of the following situations than you know you drank too much alcohol.

You know you drank too much alcohol if…

  • you think you’re good at singing and know all the words to every song
  • you believe your dance moves are the best anyone has ever seen
  • your mascara has run down your face, past your lips
  • you keep introducing yourself to the same person over and over again
  • you’re hugging everyone; the hugs keep rolling out even to strangers
  • you’re missing a shoe or high heel
  • you’ve fallen off your bar stool for a second time
  • you’ve eaten so much, you should hold a world record eating title
  • you pet someone’s fur coat thinking it’s a dog
  • the next morning you see left over fast-food bags in your car

drank to much alcohol

You know you’ve drank too much alcohol if..

  • you try to do high kicks or run sprints
  • you wake up to a police officer knocking on your car window
  • you have double vision and you believe every person has a twin
  • the next day your friend sends you a picture of yourself sleeping in a restaurant booth
  • you challenge someone to a breakdance competition and you don’t breakdance
  • you find your own jokes to be super funny
  • at a later date you find a video of yourself dancing on the bar top
  • you think you know the meaning of life
  • you think your nose is a musical instrument
  • you fall asleep standing…

And the list can go on and on!

 

Please Note:  This list is for fun and for laughs, by no means should it be used to evaluate how intoxicated an individual is.  Nor should it be taken seriously!

 

Physical Control DUI – Q&A

Physical Control DUI – Questions and Answers

  • Q1. What is a physical control DUI charge?
    • A1. A physical control DUI charge is given to someone that a law enforcement officer believes is under the influence of alcohol or any drug and the person has “actual physical control of a vehicle..”
  • Q2. How is a physical control DUI charge different from a standard DUI charge?
    • A2. In the case of Physical Control DUI, the officer did not observe the person driving prior to starting the investigation.  In the case of the standard DUI, the officer usually observes the person driving prior to initiating a DUI investigation.
      • A Few Examples of Physical Control DUI
        • A law enforcement officer approaches an intoxicated person that is passed out in the drivers seat of istock photo downloaded for physical control DUI blogtheir parked car.  If the officer believes they recently drove their car or they are intending to, the officer could charge that individual with physical control DUI.
        • A law enforcement officer finds an intoxicated person pulled over and parked safely on the side of a highway.  The officer could charge that individual with physical control DUI even though the officer never saw actual driving.
        • A law enforcement officer approaches a person pulled over on the side of the road working on repairing a flat tire.  If the officer believes that person is drunk or under the influence of drugs, they may be arrested and charged with physical control DUI.
      • A Few Examples of (a standard) DUI
        • A law enforcement officer see’s a driver on the freeway  driving erratically and swerving between lanes, they pull the driver over and if they believe they are drunk driving then they will be charged with DUI.
        • A law enforcement officer observes a driver fail to signal while making a turn.  If the officers believes the person is under the influence than they will be charged with DUI.
        • A law enforcement pulls someone over for speeding and the officer believes they are under the influence, they will be charged with DUI.
  • Q3. Are the penalties less harsh for physical control DUI when compared to a standard DUI?
    • A3. The penalties for physical control DUI and DUI are the same.  If you plead guilty to physical control DUI or if you are found guilty at trial you will be subjected to the same penalties as those guilty of DUI.
  • Q4. Are there any defenses for a person charged with physical control DUI?
    • A4. Yes, there are two defenses. The first defense is proving that the person was “safely off the roadway” and the second defense is to prove the consumption of alcohol or drugs occurred after driving.

If you have charged with physical control DUI, give our experience defense attorneys a call, (206) 459-6392, to schedule a free, no obligation consultation where you can discuss the details of your case.

 

DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

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