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

Written by David O
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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.

 

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Former Seattle Seahawk Spencer Ware Charged with 2nd DUI this Year.

Written by David O
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Former Seattle Seahawk Spencer Ware Charged with 2nd DUI this Year.

Bad news for former Seattle Seahawk running back Spencer Ware… not only was he released by the Seahawks on Saturday but he also got popped with a DUI charge on Tuesday.  Apparently, Ware was arrested for allegedly drunk driving on Tuesday morning in Maple Valley and was booked into the Kent jail at 3:21am.

This is Spencer Ware’s second DUI within this year, his first DUI was on January 9th when he was on the Seahawks injured reserve list.  The 22-year-old was lucky in July, his DUI case was dismissed after a ruling that the arresting officer did not have a lawful basis to initiate the traffic stop.  The judge also suppressed all evidence gathered after the traffic stop, which included incriminating evidence such as the BAC test and DUI field sobriety test results.

Although Ware’s January DUI was dismissed, it will likely be used against him during the resolution of his new DUI charge.  Ware’s next court date is his arraignment set for September 8th in the Maple Valley Municipal Court.

Currently Spencer Ware is a free agent and has yet to be picked up by an NFL team.

On a side note, downtown Seattle is buzzing with fanatical Seahawk fans, regular season opening game day, Seahawks vs. the Green Bay Packers, go Hawks!

 

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Written by Sarah Ann

 

 

 

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