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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.

Lil Twist, Justin Beiber’s Best Bud – Popped For Marijuana DUI

Lil Twist, Justin Beiber’s Best Bud – Popped For Marijuana DUI

Caught in the act with a lit marijuana blunt, 20-year-old Lil Twist, was arrested by Calabasas police for DUI of drugs.  Police stopped Lil Twist, real name Christopher Lynn Moore, for speeding in BFF Justin Bieber’s stealthy chrome Fisker Karma.  When law enforcement approached the vehicle to question Lil Twist, police allegedly saw a lit joint in the car with additional undisclosed amounts of marijuana.  Lil Twist was arrested and booked on suspicion of DUI of drugs.  The police reported he was not DUI based on alcohol.

Although Lil Twist has been charged with a DUI based on drug consumption the penalties are the same as if he was DUI based on alcohol.  Here in Washington State, the fact you are a minor and have been arrested for DUI does not necessarily mean you would be charged as a minor DUI, y0u would have to qualify.  To qualify as a minor DUI the individual would have to be under the age of 21 years and would have a breath test of at least .o2 but less than .08 or a marijuana THC concentration of above .000 but less than .05.  The penalties for a minor DUI include a fine ranging from $0-$1,000.00 and a maximum of 90 days in jail.

 

Written by S.O

 

Washington State to Lower the Legal BAC Limit to .05 to Further Reduce DUI

Washington State to Lower the Legal BAC Limit to .05 to Further Reduce DUI

In efforts to reduce DUI (driving under the influence) and drunk driving related deaths, lawmakers, federal officials, and state officials have been working vigorously to find effective solutions.  Among recent recommendations, suggested by the National Transportation Safety Board, is for all states to lower the legal BAC (blood alcohol content) limit from .08 to .05.  This recommendation stems from the fact that more than 100 countries already have .05 as their legal BAC limit.   Europe, for example, has experienced significant drops in DUI related deaths, over a 50% reduction, since imposing the .05 limit about 10 years ago.

Just how low is a .05 BAC limit?  For a women weighing approximately 120 pounds, she will reach a .05 BAC after consuming 1 drink.  And for a man weighing around 160 pounds, he will reach .05 just after 2 drinks.

The National Transportation Safety Board realizes their recommendation will be met with much resistance, however as NTSB Chairman Deborah Hersman said, “Our goal is to get to zero deaths because each alcohol-impaired death is preventable… The tools exist.  What is needed is the will.”

The NTSB reported more than 4 million people a year in United States drive drunk, however only half of those drivers are ever stopped by law enforcement and investigated for DUI.