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Frequently Asked DUI Questions – Part 1

Written by David O
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Frequently Asked DUI Questions – Part 1

Do you have DUI questions?  Take a look at our most frequently asked DUI questions and hopefully you may find the answer you have been looking for!

Frequently asked DUI questionsCommon DUI Questions and Answers

  1.  Is a DUI and a DWI the same charge or is it a different charge?  A DUI (driving under the influence) and a DWI (driving while intoxicated) are different names for the same charge of driving a motor vehicle while under the influence of alcohol and/or drugs.
  2. Can I be charged with DUI if I have a BAC (blood alcohol concentration) under the legal limit of 0.08?  Yes, an enforcement officer can charge an individual with DUI if the officer believes that person’s driving was impaired by alcohol, even if their BAC level is below 0.08.
  3. Can I be charged with DUI if I took legally prescribed medicine and drove shortly thereafter?  Yes, an individual could be charged with DUI if their driving was affected by prescribed medicine.  Additionally an individual could also be charged with DUI if their driving was affected by sniffing glue, smelling toxic fumes, cough syrups, etc.
  4. Are the DUI field sobriety tests mandatory?  No, the tests are not mandatory.  The field sobriety tests are voluntary, it is up to the individual to take the tests or not take the tests.  The tests are very difficult, the DUI attorneys at David O Defense recommend NOT to take the tests.
  5. Is the portable breath test mandatory?  No, blowing into the breathalyzer is not mandatory.  The portable breath test is voluntary, it is up to the individual to take the test or not.  The DUI lawyers at David O Defense recommend NOT to blow into the portable breathalyzer.
  6. Is the breath test at the police station mandatory?  No, blowing into the breath test machine is voluntary, it is up to the individual to take the test or not.  However, if a person does not blow into the breathalyzer there will be consequences, for example, the refusal could be used against that individual at trial and loss of license for at least one year.
  7. Will an individual go to jail on the night of their DUI arrest?  Taking a person to jail is up to the arresting officer.  If a person is highly intoxicated the officer is more likely to take that person to jail or the hospital.  Or if a person has a past DUI conviction than the officer is more likely to take that person to jail.

 

Frequently Asked DUI Questions – Part 2, coming soon.

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Our Favorite Apple Pie Recipe – David O Defense

Written by David O
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Our Favorite Apple Pie Recipe – David O Defense

Hooray, the holiday cheer is upon us! It’s time to gather with friends and family and share wonderful food. Our family loves pie for the holidays, especially apple pie.  Our kids go nuts when then hear Grandma is baking her famous apple pie, it’s as if Santa has come early.

We are happy to share our Grandma Barb’s famous apple pie recipe so that others can enjoy some of our favorite holiday flavors!

apple pie

Grandma Barb’s Famous Apple Pie

8 Inch Pie:

  • 1 1/2 cups flour
  • 3/4 tsp. salt
  • 1/2 cup (butter flavored shortening and real butter, 1/4 cup each mixed together)
  • 3 tbsp. ice-cold water

9 Inch Pie:

  • 2 cups flour
  • 1 tsp. salt
  • 2/3 cups (butter flavored shortening and real butter, 1/3 cup each mixed together)
  • 1/4 cup ice-cold water

Filling:

  • 6-8 granny smith apples peeled
  • fresh lemon juice sprinkled onto apple slices
  • sprinkle sugar and dot apples with butter

Pre-heat oven to 425F.

Measure flour with a sifter. Add salt to flour. Cut in shortening/butter mixtures until the size of peas. Slowly add the cold water while mixing the dough with a fork. The flour will moisten and start to ball up.

Gather and roll dough into a ball. Divide the dough in half. On a lightly floured surface, roll each dough ball out until about 1/8 inch thick, and a little larger than the pie pan. Fold one pastry and put into the pan, then unfold, and add apple filling. Then add the second pastry on top of the pie and cut off excess dough. Seal edges of top and bottom pastries together by pinching together.  Make a decorative pie crust outer edge with fingers or fork.

Sprinkle the top pie crust with cinnamon, nutmeg and sugar. Make sure to puncture top of the crust with slits or decorative cutouts. To prevent the crust from over browning, cover the crust with foil.

Place pie in pre-heated oven and bake for 15 minutes. Turn oven down to 350F and bake for a final 45 minutes. Remove the foil during the last 15 minutes of baking.

Serve warm or let cool. Be sure to make some homemade whip cream to dollop on top of each slice. Enjoy!

Happy Holidays from the DUI and criminal defense attorneys and staff at David O Defense. May your season be merry and tasty with apple pie!

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The Signs an Officer is Looking for when they pull someone over for a Possible DUI

Written by David O
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The Signs an Officer is Looking for when they pull someone over for a Possible DUI

When a law enforcement officer pulls a person over for a possible DUI (driving under the influence) they will be watching that person closely. Specifically, the officer will be observing that person’s behavior and physical actions to determine if that person is under the influence of alcohol and/or drugs.

Here are some common signs a trained officer will look for when they first pull someone over for a possible DUI.

  • Difficulty rolling down the window or difficulty exiting the vehicle
  • A red colored or flushed face
  • Bloodshot, watery, red, or glossy eyes
  • Clothing soiled or out of sorts
  • An odor of alcohol comes from the car or from the person’s breath
  • Slurred speech
  • Has a difficult time finding a driver’s license or proof of insurance
  • Attempts to hide something in car while an officer approaches
  • Cannot answer questions in a timely manner
  • Has an inappropriate response to questions
  • Lack of knowledge of time or current whereabouts
  • Does not or cannot follow directions
  • Uses their vehicle for support while standing
  • Sways back and forth while standing
  • Cannot walk straight or keep balance when walking
  • Angry, aggressive or inappropriate attitude

possible DUI

 

 

 

 

 

 

 

Typically, if a law enforcement officer observes some of these signs, they will continue to investigate that individual for DUI by asking them to take the DUI field sobriety tests. The field sobriety tests are voluntary tests, and the attorneys at David O Defense always advise NOT to take the field tests. The test are difficult and if a person decides to try the tests, they will fail. Even a sober athletic person would have some difficulty passing the tests.

An officer will also ask the individual to blow into a portable breath test to get a reading on their blood alcohol concentration (BAC). This is also a voluntary test. The DUI defense attorneys at David O Defense always advise NOT to take this test as well.

When under investigation for a possible DUI, a person should politely tell the officer that they want to contact their DUI attorney immediately. An experienced DUI attorney will be able to provide guidance through the situation.

If you don’t have a DUI attorney’s phone number programed in your phone, make sure you put David O Defense in your contacts, 206-459-6392. The attorneys at David O Defense are experienced DUI lawyers and are available if you ever need help!

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