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DUI Physical and Behavior Signs that Cops are Looking For

Written by David O
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DUI Physical and Behavior Signs that Cops are Looking For

Every time a law enforcement officer pulls a driver over they will be closely watching that individual for any physical or behavior signs that may indicate DUI (driving under the influence) of alcohol and/or drugs.  Police officers are trained to look for these specific DUI physical and behavioral signs and will note these observed signs in their police report.

Here are the DUI physical and behavioral signs law enforcement officers look for prior to a DUI arrest:

  • Odor of alcohol and/or drugs coming from the vehicle.
  • Odor of alcohol and/or drugs coming from the driver’s breath.
  • Alcohol container or drug paraphernalia inside the vehicle.
  • A flushed or red face.
  • Eyes that are watery, bloodshot, and/or glassy.
  • A messy appearance, soiled clothes, and/or messy hair.
  • Muffled or slurred speech.
  • Inability to understand the officer’s questions.
  • Inability to answer the officer’s questions.
  • An inappropriate attitude with the officer (aggressiveness, irritability, sobbing, and/or crying)
  • Difficulty retrieving their wallet, driver’s license, and/or car insurance.
  • Difficulty getting out of their vehicle.
  • Lack of balance and coordination.
  • Swaying while standing still.
  • Using their vehicle for support.
  • Inability to follow directions.
  • No knowledge of time, day, or current location.

If the officer observes some of these DUI physical and behavioral signs they will likely ask the driver to perform DUI field sobriety tests and to blow into the portable breathalyzer.  Both tests are voluntary, meaning the driver can choose to take the test or choose not to take the tests.  The attorneys at David O Defense always recommend REFUSING to take the DUI field sobriety tests or the portable breath test.  Learn more about refusing to take the field sobriety tests by reading our previous blog, “Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?”

If pulled over by a law enforcement officer and they suspect you are driving under the influence of alcohol and/or drugs, ask to speak with your attorney immediately.  Give the attorneys at David O Defense a call, 206-459-6392.

DUI and criminal defense lawyers, David O Defense, Seattle Washington

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How You can Prevent a DUI – Tips on getting the Car Keys

Written by David O
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How You can Prevent a DUI – Tips on getting the Car Keys

You can prevent a DUI by taking the car keys away from a friend, family member, or someone who appears to be under the influence of alcohol. Follow these key collecting tips provided by the U.S Department of Transportation’s National Highway Traffic Safety Administration.

GET THE KEYS: How You Can Intervene

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and the Advertising Council’s Innocent Victims public service campaign emphasizes the need to intervene and get the keys away from someone about to drive drunk. Here are some helpful tips and advice from focus group research on how people can get the keys away from a drunk driver.
  1. If it is a close friend, try and use a soft, calm approach at first. Suggest to them that they’ve had too much to drink and it would be better if someone else drove or if they took a cab.
  2. Be calm. Joke about it. Make light of it.Vector Car key ring
  3. Try to make it sound like you are doing them a favor.
  4. If it is somebody you don’t know well, speak to their friends and have them make an attempt to persuade them to hand over the keys. Usually they will listen.
  5. If it’s a good friend, spouse, or significant other, tell them that if they insist on driving, you are not going with them. Suggest that you will call someone else for a ride, take a cab, or walk.
  6. Locate their keys while they are preoccupied and take them away. Most likely, they will think they’ve lost them and will be forced to find another mode of transportation.
  7. If possible, avoid embarrassing the person or being confrontational, particularly when dealing with men. This makes them appear vulnerable to alcohol and its effects.

 

If you have any questions about how to prevent a DUI or if you have recently been charged with a DUI, call David O Defense, 206-459-6392. Our DUI lawyers are here to help!

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Ex-NFL Player Charged with “Extreme DUI”

Written by David O
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Ex-NFL Player Charged with “Extreme DUI”

The charge “Extreme DUI” sounds quite intense, and nobody knows this better than ex-NFL player, Braylon Edwards, who was arrested early in the morning on May 4th in Scottsdale, Arizona.  The former wide receiver allegedly was very under the influence of alcohol because according to police, his BAC (Blood Alcohol Concentration) level was more than .20, over twice the legal BAC limit of 0.08.  Having such a high BAC level earned him the charge “Extreme DUI.”

According to Arizona State law, an Extreme DUI is based upon the blood alcohol concentration level of the person accused; specifically, if the person has a BAC level above .15 but less than .20 then they will be charged with Extreme DUI under §28-1382 of the Arizona Revised Statutes.  Wait there is more… if an individual has a BAC level of .20 or greater than they will be charged with “Super Extreme DUI,” and with a Super Extreme DUI comes even harsher penalties and longer jail time.

It’s unclear why Braylon Edwards is only being charged with Extreme DUI and not Super Extreme DUI, since his BAC level over .20.  Perhaps he just got lucky!  Now Braylon Edwards needs to focus on hiring a good, reputable DUI lawyer to help fight his Extreme DUI charge.

Here in Washington State, Extreme DUI and Super Extreme DUI charges do not exist, an individual is simply charged with DUI no matter how high their BAC results.  However, penalties increase for individuals that are charged with DUI and have a BAC level of .15 or above.

Here is a comparison of penalties for first DUI charge within 7 years for Washington State – a BAC result less than .15 vs a BAC result more than .15 or a BAC test refusal.

BAC result less than .15  (1st offense)

  • 1-364 days in jail or 15 days of EHM (Electric Home Monitoring),
  • $941-$5,000 fine,
  • ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or BAC test refusal (1st offense)

  • 2-364 days in jail or 30 days of EHM,
  • $1,196-$5,000 fine,
  • ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

If you have any questions concerning DUI charges or if you have been arrested for DUI here in Washington State, call David O Defense today, 206-459-6392.  The DUI lawyers at David O Defense offer free consultations and can answer any questions or concerns you may have.  Call today, David O Defense will work hard for you!

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