Posts tagged Seattle DUI attorney

Increased DUI and BUI Patrols for the 4th of July Weekend

The 4th of July is just days away and since it falls on a Monday this year, many will have a three-day weekend, hurray!  Talk about a fun holiday; backyard BBQ’s, parades, community gatherings, and of course fireworks.  It’s a great way to remember that back on July 4th, 1776 the Continental Congress adopted the Declaration of Independence and declared the United States a new and free nation.

Independence Day typography card. Vector illustration

However, with all this 4th of July summer fun, comes increased drinking and driving, so expect to see a greater presence of law enforcement officers watching the roadways and waterways for DUI’s and BUI’s (driving under the influence and boating under the influence), in efforts to keep all people safe.

Starting today, June 30th, city police and county sheriffs will increase their DUI patrol units.  The increase in law enforcement will continue through the holiday weekend and will start to taper off mid day Tuesday, July 5th.

And for those celebrating the 4th out on a boat in the Seattle waterways, be aware that the coast guard and Seattle police will be out in full force patrolling for possible BUI’s.  Remember that it is illegal to drink alcohol while operating a boat.

Here’s what you can do to prevent DUI’s and BUI’s this Independence Day weekend;
  • The simplest solution to avoid a DUI and BUI is to not drink any type of alcohol or partake in any type of drug use.
  • Designate a sober driver; someone who does not consume any alcohol or drugs through out the entire day.
  • If you are a designated driver or a sober driver, be a good defensive driver and be aware there could be an intoxicated driver on the road.
  • If you do decide to drink, don’t drive and take advantage of all the great public transportation options; taxi, buses, Uber, Rideshare, etc.
  • If you see a friend or family member under the influence that wants to drive, try to get their car keys and suggest an alternative way for them to get home safely.  See our blog, “How You can Prevent a DUI – Tips on getting the Car Keys” for helpful hits.

 

Happy 4th of July from David O Defense!  Stay safe this Independence Day and make smart decisions.

 

Defense Attorney, David O, Answers Your DUI Questions and More – Part 2

Let’s continue with more commonly asked questions by clients.  Want to read Part 1, link here.

 

Frequently Asked DUI Questions and More – Part 2

Q.  I was arrested and charged with a crime, yet I haven’t received a court date in the mail, what does this mean?

A.  There are a few possible answers to this question; 1) The city, county, or state is still processing the charge and your case will be filed at a later date.  Once filed they will mail you your court date.  They have up to 2 years to do this.  2)  The city, county, or state did mail your court date notice but they did not have your current address.  If you miss your first court date, the judge may issue a bench warrant for your arrest.  Make sure the city, county, or state, and the department of licensing has your correct mailing address.

 

Q.  What is an arraignment?

A.  The first appearance in court is called the “arraignment” or  “arraignment hearing.” At this hearing the individual charged with a crime will be formally told of the crime(s) he or she is accused of and will be advised of their rights.  Additionally, the judge will want to hear the individual plead guilty or not guilty. I strongly encourage every client to plead not guilty at the arraignment hearing.

 

Q.  I just found out I have a bench warrant out for my arrest, what do I do?

A.  If you have a bench warrant out for your arrest, you must have missed a court date or failed to comply with court orders.  Contact me right away so I can make a motion to quash your bench warrant.  When a warrant is quashed it means it has been overturned and no longer in effect.  Generally a judge will quash a bench warrant if you have a valid reason for violating the court order.  If you choose to ignore the bench warrant, it will continue to be in effect and at anytime you could be arrested and taken into custody.

 

Q.  Why should I hire David O Defense for legal representation?

A.  I know I am among the top criminal defense lawyers in this state.  What sets me apart from the other top criminal defense attorneys is my focus and attention to my clients as a whole.  I truly care about my clients and their case outcomes.  I will work harder to achieve the best possible outcome.  Additionally, I make myself available to my clients 24/7 by phone, text, or email, and am willing to travel to my clients if needed.  Lastly, we allow for flexible payment plans to be budget friendly.

 

Have more questions, no problem, give me a call or send me an email, I would be happy to answer them 206-459-6392 or david@davidodefense.com.

I Blew Under .08 Why am I Charged with DUI?

what?It’s an all to common story, “I blew into the breathalyzer machine as instructed by law enforcement and my BAC (Blood Alcohol Concentration) result was under the legal limit of .08, and I was arrested for DUI.  I blew under the legal limit of .08, and now I am charged with DUI. What!?”

It’s unfair but true. In Washington State you can still be charged with DUI (Driving Under the Influence) while having a DUI breath test result under the legal limit of .08.

The Revised Code of Washington (RCW) 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..” Affected by intoxicating liquor!? What does this mean? It means the law enforcement officer that is investigating a person for driving drunk may use their discretion to decide if that person’s driving was affected by alcohol at any BAC level and if they decide their driving was affected then they may arrest that person for DUI.  The reasoning behind this is; every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.

Unfortunately, a person charged with DUI with a breath test under the legal limit will still face the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar. Thus, a DUI charge with a breath test under the legal limit should be taken just as seriously as a DUI case with a breath test above the legal limit.

In my personal and professional opinion I don’t believe any driver should be charged with DUI if that person blew under the legal limit, unless something extraordinary happened; such as a car accident etc. It’s very misleading when Washington State advertises that drinking and driving is illegal if your BAC is .08 or above.  The State should be more responsible and honest about drunk driving and change their advertising.  The State should properly inform everyone that they could be charged with DUI at any BAC level if they drove after consuming any alcohol and their driving was affected.

I have represented several people charged with DUI while blowing under the legal limit. Fortunately for those clients we were able to resolve all those cases very well!

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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