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Are You Screwed If You Get Multiple DUIs In 1 Week?

Written by David O
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Are You Screwed If You Get Multiple DUIs In 1 Week?

Are you screwed if you get multiple DUIs in 1 week?  Most would think “hell ya” especially when considering the fact that penalties drastically increase with each additional DUI charge.  With two, three, four DUIs in 1 week that would amount to years in jail, thousands of dollars in fines, and loss of a driver’s license for years, right?

“Wrong, that individual may be able to avoid all those penalties by bundling those DUI charges and entering them into a deferred prosecution ,” according to Senior DUI defense attorney, David O.  A deferred prosecution is a program offered by Washington State that allows individuals suffering from; 1. alcoholism or 2. mental illness and substance abuse, to receive professional help and treatment.  To enter into this program an individual must sincerely believe they suffer from alcoholism or mental illness and substance abuse and it must be their first time entering into a deferred prosecution (an individual only gets one deferred prosecution in their life time).  The benefit of entering into a deferred prosecution is the dismissal of the case upon completion of the treatment program and among other requirements, remaining out of legal trouble for five years.  No jail time or additional years driver’s license suspension.  However, if an individual fails to complete the treatment program or receives a new criminal charge within five years, then their deferred prosecution contract is considered broken and they will be sentenced for their original DUI charges by a judge.

It may seem far-fetched that someone would acquire multiple DUI charges in 1 week, but it does happen.  On February 24, 2014 a man in New Jersey was arrested three separate times for drunk driving, all occurring within a seventeen hour time span.  The third arrest occurred when police recognized the 46 year-old man’s licence plates from the two prior DUI arrests earlier in the week.  The man tried to flee from police but came to an abrupt halt when he crashed into a fire hydrant.  The man was arrested and charged with another DUI, eluding law enforcement, and numerous motor vehicle citations.

If the DUI laws in New Jersey are similar to those in Washington this guy would want to hire an experienced DUI lawyer to review his case and help decide if a deferred prosecution would be a good option.  Before agreeing to resolve any criminal matter you should always be well informed of the terms and conditions of the agreement and the terms of noncompliance if it applies.  Entering into a deferred prosecution has it’s benefits but it is not a breeze to successfully complete.

Written by DUI & Criminal Defense Attorney, David O

Written by S.O

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“DUI Policy Day” – For Lawmakers in Olympia

Written by David O
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“DUI Policy Day” – For Lawmakers in Olympia

This past Tuesday, lawmakers in Olympia Washington had an unofficial “DUI Policy Day” to review and discuss House Bills 2344, 2506, 2507,  2503,and 2728.  The bills will provide clarity to unclear current DUI laws and will also stiffen penalties for repeat DUI offenders.

House Judiciary Committee chairman, Roger Goodman, D-Kirkland lead the discussion on bills.  Bill 2344 became a fiery debate.  2344 would require the Department of Licensing to mail out reminders of installation of an ignition interlock device to individuals who have been convicted of a DUI.  The ignition interlock device prevents drunk driving by requiring the driver to blow into a breathalyzer before their car will start.  Additionally, the bill stated that if an individual bought a new car to circumvent placing an ignition interlock device into their car they would be charged with a gross misdemeanor.  Republican Chad Magendanz, supporter and sponsor of Bill 2344, said it’s “absolutely clear,” this bill will prevent accidents and will detour individuals from buying a new car to escape placement of an ignition interlock device into their current car.  DUI defense attorneys and other opponents of 2344 exclaimed the bill was vague and way too costly at a projected 6 million to print and send ignition interlock reminders.  Goodman stated the cost “might put the bill in jeopardy.”

Bill 2506 requires Class C DUI felonies to be upgraded to Class B felonies.  The change in class would not increase sentencing ranges but would enhance post prison supervision on individuals that have an extensive criminal history.  Amy Freidheim, a King County prosecutor, said  this bill would only affect about a half-dozen people in King County over the past seven years.  Thus, bill 2506 would change post-jail conditions for approximately one person in King County each year.

Bill 2507 enhances penalties for individuals that have committed at least two DUI related vehicular homicides.  For the very very small number of individuals that fall into this category, they would have substantial increased jail time.

Bills 2503 and 2728 are primary technical changes, including or excluding wording.  However, the bills do include the ability for law enforcement to conduct blood draws from individuals that contest taking the alcohol breath tests.  Law enforcement would no longer require a warrant for the blood draw.

In addition to these 5 bills, Roger Goodman brought up several other DUI crack down ideas which included random DUI checkpoints.  Most of the ideas were quickly thrown out due to cost or overall ineffectiveness.  Marijuana DUI discussions were also heard.  Activists were voicing their disagreement with I-502 making it a crime to drive with five nanograms of THC (the active component in marijuana) in an individuals blood stream.  Their thoughts were five nanaograms was too low of a limit and that many law-abiding medical marijuana users have more than that in their bloodstreams and still physically and mentally function at levels safe enough to operate a car.

 

Written by S.O

 

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What You Need To Know About DUI Checkpoints!

Written by David O
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What You Need To Know About DUI Checkpoints!

As the holidays come to an end, and our christmas debt is almost completely diminished from loyal monthly payments, we turn our attention and daydreams to our upcoming vacations, after all spring break is only right around the corner .  For many of us, our spring and summer vacations will be spent on the road, traveling by fuel-efficient cars, mini vans, and RVs.  Taking a road trip from one state to another hoping to be the first individual to spot a native animal from the fogged up windows while heading towards our classic tourist site destination, such as Old Faithful.

Savvy road travelers beware… you may be driving in a state that utilizes DUI checkpoints!

Imagine you are on your road trip wandering through California and you stop at a local vineyard in Napa Valley to enjoy a beautiful lunch and a robust glass of wine, when in Rome, you roam!  Now imagine getting into your Prius with your significant other and continuing on your drive towards the California Redwoods National Park on a mission to view some of the world’s largest trees.  Sounds nice, right?  Now imagine you are stopped at a DUI checkpoint.  Not so nice!  Actually a huge buzz kill, and now you are facing the possibility of being charged with a DUI  (driving under the influence) in a state that you are not even a resident in.

Currently 38 states conduct DUI checkpoints, which are also known as “sobriety checkpoints.”  Thus if driving across the country, the chance of driving through a state that uses DUI checkpoints is high.  What is a DUI checkpoint?  A DUI checkpoint is a blockade set up along a road where law enforcement officers are stationed to check drivers for signs of intoxication and impairment.  Many jurisdictions utilize sobriety checkpoints as part of their larger drunk driving deterrence program.

By no means should DUI checkpoints detour us adventure seekers from hitting the roads, but it is in our best interests to know which states conduct DUI checkpoints so there are no surprises!

Road travelers… here is a list of States and areas that DO USE DUI checkpoints according to the Governors Highway Safety Association;  Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, D.C., Florida, Georgia,  Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New  Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virgin Islands, Virginia, and West Virginia.

Road travelers… here is a list of safe states that DO NOT USE DUI checkpoints;  Alaska, Idaho, Iowa, Michigan, Minnesota, Montana, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming.

Enjoy your road trip travels and call David O Defense to speak with a DUI defense attorney if you have any further legal questions about DUI checkpoints, 206-459-6392.

 

Written by S.O

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