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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.

Farrah Abraham “Teen Mom” Reality Star, Charged with DUI for Being Sick?

Farrah Abraham “Teen Mom” Reality Star, Charged with DUI for Being Sick?

MTV’s “Teen Mom” reality star, Farrah Abraham, age 21, was arrested and charged with DUI (driving under the influence) last Monday at 1 in the morning.  When police asked Farrah to perform the DUI breathalyzer test, she failed repeatedly until one test finally read .147, almost twice the legal DUI limit in Nebraska.  Days later, Farrah spoke out to InTouch defending herself, ““Because I’m sick, I could not give an accurate breathalyzer test, due to coughing and shortage of breath.”

Farrah, mother of 4-year-old Sophia, who had been celebrating St. Patty’s Day with her sisters by sipping on some good ol drinks, wanted to go home around 12:30 AM.  Her sisters didn’t want to leave, so Farrah decided to go get the car from the parking lot and pick them up at the front door.  According to officials, Farrah made an uncontrolled wide turn and almost rear ended a police cruiser.  Police pulled Farrah over and asked her to take the DUI breath test and to perform the DUI field sobriety tests, both of which Farrah failed.

Farrah is adamant that she was not DUI that evening.  She continues to believe in magical shamrocks and leprechauns and that she failed the DUI breath test due to illness and flu-like symptoms.

Farrah’s “Because I”m sick..,” defense is not reasonable.  Medication could have a slight effect on the DUI breathalyzer’s reading but nothing to the extent of a high reading such as .147.  Farrah was most likely DUI, end of story!

 

Written By S.O

Only 1 DUI for Scott Disick?

Only 1 DUI for Scott Disick?

In all of Scott Disick’s 29 years of life, could it be true, only 1 DUI charge for the “Keeping Up with The Kardashians” reality TV star?  It seems so!  The daddy of Kourtney Kardashian’s 2 babies, is known for wild nights of clubbing, heavy drinking, and outrageous behavior.  However, when it comes to DUI, Scott doesn’t do it anymore!  His one and only DUI charge happened years ago when he was under the legal age to consume alcohol.

According to an article on wetpaint.com, a youthful 18-year-old, Scott Disick, crashed his car in Riverhead, NY, just miles away from his Eastport residence.  During the accident investigation, New York police officers reported they could smell alcohol on Scott’s breath and had him perform the DUI field sobriety tests.  Disick failed the DUI field tests and was taken to jail.  Later in court, Scott pled guilty to the DUI charge.

Perhaps Disick learned his DUI lesson early on in life and consciously chooses not to DUI.  Or perhaps, Scott’s paid designated driver, his chauffeur, taking him from one night club to the next and then home early the next morning has kept Scott DUI free.  What ever the reason may be, Scott Disick has obviously made good decisions about not driving drunk or DUI!

 

Written by S.O