Skip to main content

What You Do ~ When Stopped for DUI

Written by David O
4 Comments
What You Do ~ When Stopped for DUI

when stopped for DUIHave you ever been pulled over by law enforcement or been questioned by a police officer?  For some of us, it can be very intimidating and gut wrenching, we may forget the simplest things and our thoughts may become jumbled.  And just imagine being pulled over knowing you may have consumed some alcohol before getting behind the wheel, talk about stressful!  Here is what you do when stopped for DUI… and I’m going to keep it simple and straight forward so you can remember.

  1. Respect
  2. Ask
  3. No Talking
  4. No DUI Tests

Four things to remember; 1. Respect, 2. Ask, 3. No Talking, and 4. No DUI Tests.  Not too difficult to remember and if you follow these tips you will have a much better chance resolving your DUI case favorably or getting your DUI charge dismissed.

Let’s expand on what you do when stopped for DUI

  1. Respect – Show respect to the law enforcement officer.  Being respectful and polite will make the investigation go much quicker and smoother.  On the flip side, if you are disrespectful and uncooperative to the officer, the situation will only get worse and you may even rack up additional criminal charges such as; obstruction of justice.  Be respectful.
  2. Ask – Immediately ask the law enforcement officer to call your DUI attorney, it is your legal right.  If you do not have a DUI attorney, ask the officer to call a public defender.  Once you are on the phone with a DUI attorney, that attorney will be able to give you proper instruction and advice on what to do next.  Also, if English is not your first language and you are having difficulty understanding what the law enforcement officer is saying, ask for an interpreter.  To recap, immediately ask for a DUI attorney and ask for an interpreter if needed.
  3. No Talking – Do not try to talk your way out of the DUI investigation, it never works!  In fact, talking most often leads to self-incrimination.  For example if the officer asks if you had anything to drink that evening, most will often answer with saying they had something; one drink, two beers, one glass of wine, etc. and now they have admitted to the officer they did drink before driving, this does not help a DUI case.  If that person respectfully declined to answer that question than they would be in a much better situation for their DUI case because they never admitted to drinking alcohol.  Keep talking to the very minimum, only state your name, ask for your attorney and interpreter, and respectfully decline all other questions.  It is your legal right to remain silent, you will not get in trouble for not answering the officer’s questions.
  4. No DUI Tests – Do not take the DUI field sobriety tests or blow into the portable breathalyzer.  Both of these tests are voluntary, and you should respectfully decline taking these tests.  The DUI field sobriety tests are very difficult and a completely sober person would have trouble passing these tests.  Any mistake made while taking the field sobriety tests will be used against you and will make your DUI case more challenging.  Blowing into the portable breathalyzer can be incriminating evidence used against you.  Don’t take the DUI tests.

When stopped for DUI and your starting to feel anxious, just remember; Respect, Ask, No Talking, & No DUI Tests.  Give me a call if you need a reputable DUI attorney, David O, 206-459-6392.

 

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , ,

Washington State Marijuana Laws

Written by David O
1 Comment
Washington State Marijuana Laws

How well do you know the Washington State Marijuana Laws?  It’s important to be safe and avoid any criminal prosecution, so let’s review the laws pertaining to legalized marijuana.

Washington State Marijuana Laws

1.  It is legal for any individual of the age of 21 or older to buy marijuana from a licensed recreational marijuana retail store.  Individuals 21 years and older may legally possess and use:

  • 1 once of marijuana bud/flower,Washington State Marijuana Laws - marijuana light bulb
  • or 7 grams of marijuana concentrate/extract for inhalation,
  • or 16 ounces of marijuana infused product in solid form,
  • or 72 ounces of marijuana infused product in liquid form
  • marijuana related drug paraphernalia

2.  It is illegal to possess more marijuana than what is listed above and it is illegal to possess any form of marijuana or drug paraphernalia if an individual is under 21 years old.

  • FUN FACT – Washington State recreational marijuana sales to the public began July, 8 2014.

3.  Growing marijuana at home for recreational use or to sell is illegal.  Individuals must purchase marijuana from a licensed recreational retail store.

  • FUN FACT – According to the Washington State Liquor and Cannabis Control Board, the marijuana industry generated over $64 million dollars in tax revenue during its first fiscal year.

4.  Marijuana purchased in Washington State must be consumed in Washington State, it is illegal to transport marijuana to other states.

5.  Individuals from other states are allowed to purchase marijuana in Washington State as long as they are 21 or older and they must consume the product in Washington State, they cannot take it back to their home state.

6.  Purchased marijuana products cannot be consumed in the retail store, it is illegal.  This includes concentrates, edibles, and the bud/flower.

7.  It is illegal to open and/or consume any type of marijuana products in the view of the general public.  If law enforcement see’s an individual opening and/or consuming any type of marijuana product in public, that officer is first required to give the offender a verbal warning.  It the individual does not abide by the officer’s warning, the officer will then issue a $27.00 fine.

8.  It is illegal to drive under the influence of marijuana.  There is a per se DUI limit of “delta-9” THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL).  If an individual is driving under the influence of marijuana they could be charged with DUI.  A marijuana DUI is treated the same as an alcohol related DUI. State and local law enforcement agencies are tasked with enforcing the DUI limit.

If you have any further questions about Washington State marijuana laws, DUI marijuana laws, or if you have been charged with a marijuana DUI, the attorneys at David O Defense are here to help.  Give us a call, 206-459-6392, today.

 

DUI / Drunk Driving / DWI, Legal Blog, Marijuana, , , , , , , , , ,

Man Charged with DUI after Being Heroically Saved by Jamie Foxx

Written by David O
1 Comment
Man Charged with DUI after Being Heroically Saved by Jamie Foxx

You would think actor Jamie Foxx was on the set of a movie this past Monday night as he heroically pulled a man from his flaming pickup truck, saving his life.  This was no movie… rather it was just luck that the accident occurred outside of Foxx’s California mansion.

“I don’t look at it as heroic. I just look at it as, you know, you just had to do something. And it all worked out.” Foxx told CBS Los Angeles.

Hero Comic Speech Bubble. Vector illustrationAround 8:30 Monday night, Brett Kyle was driving along Potrero Road when he skidded on the wet pavement, swerved into the ditch and flipped his 2007 Toyota Tacoma multiple times finally landing upside down.  Foxx, who was home at the time, heard the crash.  The Oscar winning actor, comedian, singer went into Superman mode and ran to the rescue.  Foxx along with another good samaritan broke the pickup’s window and cut Kyle free from his seatbelt.  They safely pulled Kyle from his truck before it exploded into flames.

“As I’m getting him out, [Foxx speaking to CBS Los Angeles] I said, ‘You’ve got to help me get you out because I don’t want to have to leave you.’ I said, ‘You’ve angels around you’.”

Brad Kyle, father of Brett, showed up to the the accident scene shortly after, very emotional and thankful.  After giving Foxx a huge hug of appreciation, Mr. Kyle shared, “It doesn’t matter to me who it was, what they do for a living or whatever – just the idea that someone would do that is so much more than I can fathom.”

“He didn’t have to do anything,” Mr Kyle concluded.

Brett Kyle was immediately rushed to the hospital.  He was treated for head, neck, and chest injuries.  Unfortunately for 32 year-old Brett, the police believed he was driving under the influence that night and was charged with DUI.

Driving under the influence cases which involve an accident, generally speaking, are more challenging to negotiate favorably.  The reason for this is because it is easier to persuade a jury the driver was affected by the alcohol he/she consumed by pointing to the accident.  In this particular case we don’t know if there was a breath test submitted by Brett Kyle or if there was a blood draw.  My guess, Brett probably submitted to a blood draw when taken to the hospital.

 

 

BuzzWorthy Celebs, DUI / Drunk Driving / DWI, Legal Blog, , , , , , , ,