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“DUI Policy Day” – For Lawmakers in Olympia

“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

 

What You Need To Know About DUI Checkpoints!

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

TV Star Fails DUI Field Sobriety Test…Blames Christian Louboutin

TV Star Fails DUI Field Sobriety Test…Blames Christian Louboutin

Ahhhhhhh, Christian Louboutin, the esteemed high-priced red bottom high heels.  A great heel to make a fashion statement and to wear during an evening out.  However, not a good shoe to wear while taking the DUI field sobriety tests.  No one knows this better than Sunny Cross who failed her DUI field sobriety tests while wearing her Louboutins, telling officers while being arrested that her beautiful heels were the reason she failed the DUI tests.

Sunny Cross, known by MTV viewers for appearing on the first episode of hit reality show “Catfish,” was arrested for DUI (driving under the influence) in Arkansas in January of 2013.  Before her arrest, Sunny was asked to take the DUI field sobriety tests while wearing her Louboutins.  Apparently, the officers were unfamiliar with the difficulty and pain associated with walking in 4-5 inch stiletto high heels.  Needless to say, Sunny failed the tests.

Even when completely sober, the savviest of high heel wearers would have major difficulty trying to perform the clown tricks required by the DUI field tests.  Nearly impossible!

Sunny’s claim has validity to it.  She would have performed the DUI field tests better if she had been wearing a shoe that provided balance and stability such as a sneaker or flat.  Her glammy high heels were at fault!

In addition to failing the DUI field sobriety tests, Sonny blew a .08 into the breathalyzer, and was considered to be an impaired driver.  She was arrested and charged with DUI.   Sunny recently pled guilty to the DUI and was sentenced to complete a 90 day substance abuse program.

Three commonly used DUI field sobriety tests are called The Standardized Field Sobriety Tests (developed by the National Highway Traffic Safety Administration):

1.  One Leg Stand – In the OLS test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.

2. Walk and Turn – In the WAT test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for eight indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps.

3.  Horizontal Gaze Nystagmus – In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely had consumed alcohol.

 

Witten by S.O