Skip to main content

DUI – We Deserve Better Than an Estimate

DUI – We Deserve Better Than an Estimate

Driving Under the Influence is considered a crime yet we allow our individual rights, liberty, reputation, and driving privileges to be adversely affected from a mere estimate of our blood alcohol concentration.  A breath test is simply an estimate of our blood alcohol concentration.  And at times, a breath test can create a false positive.  Meaning a breath test device can have a positive test for alcohol consumption even when an individual had not consumed any alcohol.

Blood tests are the most accurate measurement of blood alcohol concentration.  Officers throughout Washington state have been trained in obtaining blood samples on individuals investigated for Driving Under the Influence (DUI).  In fact, the Implied Consent Warning Statute, RCW 46.20.308 (1) states:

Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person’s breath or blood. 

This statute gives authority to any officer to obtain a blood sample whether an individual submits to a breath test or not.

DUI fatalities and accidents are horrible.  I do not wish for any person to be harmed by a drunken driver.  However, with that said, I’m not willing to accept people getting wrongfully convicted for driving under the influence based on an estimate.

There is an easy solution.  Don’t allow breath tests to be used and require blood samples in every DUI investigation.  The state has the means to obtain blood samples, therefore, this is not some outrageous notion with no realistic practical means.

We deserve better than an estimate of our blood alcohol concentration.  Especially when this estimate can create false positive readings from a laundry list of factors.  We deserve better and should demand for only accurate evidence to be used against us when being accused of DUI.

If you have been charged with driving under the influence (DUI) and would like us to evaluate your case don’t hesitate to contact us immediately for a free consultation.

Gibson Gets a DUI for Not Listening to LA Police!

Gibson Gets a DUI for Not Listening to LA Police!

Actor Thomas Gibson arrested for DUI this morning for disobeying the LAPD.

The “Criminal Minds” and “Dharma and Greg” actor, Thomas Gibson, was driving home at 1 am when he stopped for road blocks set up for a Los Angelas half marathon.  Police officials told Gibson that he could not proceed forward and must take an alternate route home.  Gibson ingnored the police and drove into the marathon route.

Idiot!  Rule number 1: follow law enforcements resonable requests, especially if you are possibly DUI!

Lucky for Thomas Gibson he didn’t endanger any of the marathon participants as they had already run  that portion of the road.  However, unlucky for Gibson, whom placed a huge target on his own back for disregarding the law, was pulled over by officers.  The police reported they could smell alcohol on his breath and charged him with DUI.  Gibson did do one thing right that night, he used his legal rights to refuse to take the DUI portable breath test. reported Gibson’s bail had been set at $15,000 and that he was still in police custody.

Lesson learned… listen to the police and avoid DUI charges.


Written by S.O

heleyna holmes photography 003


Snaps! Bobby Brown’s 2nd DUI This Year.

Snaps!  Bobby Brown’s 2nd DUI This Year.

It was only seven months ago when the New Edition singer, Bobby Brown, was charged with DUI and court ordered to complete a summer alcohol rehab program.  Snaps, I guess the rehab program didn’t work because the police pulled the star over around 1 am on Wednesday for a traffic violation and smelled a heavy odor of alcohol on his breath, DUI number two for 2012!  Unfortunately, Bobby Brown opted to take the field sobriety tests on Ventura Blvd, CA, and failed.

If Bobby had heeded the advice of Seattle DUI defense attorney David O, he would have known that the field sobriety tests are voluntary and he could have refused, therefore the test results could not be used against him in court.

According to, Bobby Brown was cooperative with the officer and was taken to the station, booked, and released within hours after posting $25,000 bail.  If found guilty of a second DUI, Bobby will be facing some serious consequences and jail time.  Here are the DUI tips from David O Defense in Seattle Washington.  Hopefully Bobby Brown catches wind of these.

  1. Be respectful to the officer.
  2. Don’t make any incriminating statements.  For example, “I feel wasted!” or “I’m so drunk!”
  3. Refuse to take the DUI field sobriety tests.  They are voluntary.
  4. Do not take the portable breath test, this test is also voluntary.


Written by S.O