Posts tagged minor DUI

Talk to Your Teen about DUI and Driving Safety

October 18th-24th is National Teen Driver Safety Week, a campaign created by The National Highway Traffic Safety Administration (NHTSA).  The campaign is titled “5 TO DRIVE” and encourages parents to take the time to talk to their teenagers about 5 dangers of driving of which includes; driving under the influence (DUI) of alcohol, texting, speeding, seat belts, and extra passengers.

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Remember, “5 to Drive” – Set the Rules Before They Hit the Road.

  1.  No Cell Phones While Driving
  2. No Extra Passengers
  3. No Speeding
  4. No Alcohol
  5. No Driving or Riding Without a Seat Belt

The NHTSA states that, “Motor vehicle crashes are the leading cause of death for 14-18 year olds in the US. In fact, in 2013, there were 2,614 teen (15-19 year old) passenger vehicle drivers involved in fatal crashes and an estimated 130,000 were injured. Yet, a recent survey shows that only 25% of parents have had a serious talk with their kids about the key components of driving.”

Parents, it’s an easy conversation to have with your kids, and very necessary!  It is very likely that teenagers have no idea of the consequences they could face if they do not follow the 5 TO DRIVE rules.

For instance; if a teenager or any individual under the age of 21 has ANY alcohol and they choose to drive, they could be arrested and charged with DUI.  In all 50 states a ZERO TOLERANCE policy is in place for minors, meaning a minor cannot consume any amount of alcohol and drive, not even a sip.  If a teenager/minor is charged with DUI and their blood alcohol concentration (BAC) level was between .02-.07  the could face 0-90 days in jail, $0-$1,000 fine, required installation of an ignition interlock device for 1 year, and their license would be suspended for 90 days.  If their BAC level was .08 or above it would be considered an adult DUI and they would face steeper consequences if found guilty.

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Parents remember to take a few minutes to help keep your teenagers safe, tell them about safe driving,  5 TO DRIVE.  Also talk to your teen about DUI, not only about driving under the influence of alcohol but also being under the influences of drugs such as marijuana.  If you have any questions about teenage DUI of alcohol or drugs, visit the NHTSA website or call David O Defense attorneys at 206-459-6392 for legal help.

Yolanda Foster’s Daughter Busted for DUI

Seventeen year old, Bella Hadid, got herself in a bit of L.A. trouble by receiving a DUI charge early Tuesday morning.  Allegedly, Bella was driving on Pacific Coast Highway around 4 am when she blew through a stop sign and almost rear ended a L.A. Counties Sheriff’s patrol car.   Reeking of alcohol, officers suspected the young lady was DUI.  The aspiring model’s DUI breathalyzer results revealed a BAC level of .14, nearly twice the California legal DUI limit of .08.  To make matters worse, Bella was driving on a suspended drivers license.  She was arrested for DUI and was hauled off to jail.

Luckily, Bella’s parents came to her rescue.  Reality TV star , Yolanda Foster, came to her daughter’s aid and bailed her out of jail.  Former Dutch supermodel, Yolanda, is well-known for being one of the elite ladies on the hit show Beverly Hills Real Housewives.  Sources also report that Grammy winner, David Foster, step dad to Bella, was also at the police station with his wife Yolanda.

In Washington, a minor DUI is considered a simple misdemeanor, similar to a negligent driving 1st degree.  However,  for a minor to be charged with a minor DUI the breath test or blood test results must be within a range of .02 to .07.  If a minor had a breath test or blood draw above a .07 then the minor would be charged as an adult.

Based on Bella’s BAC results she will be charged as an adult for DUI.  If California is similar to Washington, she could face up to a maximum penalty of 364 days in jail and a $5000 fine.  Don’t forget the license suspension.  In Washington, for a first time DUI offender with a breath test result under a .15 the license suspension would be for 90 days.  The driver would be eligible to drive during the suspension period if they decided to apply for an ignition interlock license.  To get this, the driver obviously would need to get an ignition interlock device installed.

Since, Bella’s license was already suspended her suspension period could last longer than 90 days depending on why her license was suspended in the first place.  In Washington, if she was eligible to reinstate her license but just forgot to then it would be considered a Driving While License Suspended in the 3rd degree.  If she was not eligible to reinstate her license she could be charged with driving while license suspended in the 2nd degree.  In this case, her license will be suspended for an additional year, consecutive to any other suspension she is dealing with.

Good luck Bella, the next step now is to hire a reputable DUI lawyer to fight your case!

 

Written by DUI defense attorney, David O

Co-Written by Sarah Ann

 

Washington State Drinking Laws You Might Not Know About

Have you ever been to a restaurant or bar and noticed the bartender just keeps serving an obviously intoxicated person more drinks?  Sure it seems the patron accepting the drinks is on cloud 9 having a great time and the bartender hopes their tip will increase with each new drink made, but what both of these people are unaware of is that over service of alcohol is illegal in the State of Washington.  Or have you ever seen a bartender turn and take a quick shot during a hectic night of work?  Seems like they should be allowed to drink when the bar is that crazy busy, however, drinking while at work is illegal too.

Here are a few Washington State laws pertaining to drinking alcohol that you might not know about.

1.  Over Service of Alcohol (RCW 66.44.200, WAC 314.16.150)

  • Alcohol may not be sold to an individual that is intoxicated.
  • An individual that is obviously intoxicated may not possess alcohol, open or unopened.
  • All alcohol must be removed from an overly intoxicated individual and further service of alcohol must be refused.
  • An intoxicated customer may remain at your business as long as they do not possess alcohol, this allows time for them to sober up and prevent situations like DUI (driving under the influence).

2.  Disorderly Conduct by Business Owners, Staff, or Customers (WAC 314.11.015)

  • Businesses can not allow disorderly conduct by customers, owners, or employees, they must call police if a fight breaks out etc.
  • No owner or employee may drink alcohol while working, this includes on site DJ’s, musicians, and karaoke operators.
  • Business owners and employees are not allowed to be intoxicated at their place of employment no matter if they are working or not working.

3.  Minors, Individuals Under The Age of 21(RCW 66.44.270, RCW 66.41.310, WAC 314.11.020, WAC 314.16.150)

  • Alcohol may not be sold to an individual under the age of 21 years.
  • Individuals under the age of 21 are prohibited to possess alcohol, even if the alcohol container is closed or sealed.
  • Minors are not allowed in age-restricted areas, taverns, or lounges.

Establishments that do not abide by these laws and have histories of DUI, complaints, and police referrals are often targeted by the Washington State Liquor Control Board.  The Liquor Control Board will monitor these businesses through undercover operations to observe and watch for law violations.  They will also investigate through compliance checks where they will send minors into establishments to purchase alcohol.  If laws are broken, the Liquor Control Board may issue fines, revoke licenses, and in worst case scenarios, shut a business down.

 

Written by S.O

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com

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