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Washington State Lawmakers Push For DUI Check Points

Washington State Lawmakers Push For DUI Check Points

DUI News – State lawmakers and advocates are at it again, trying to change the law and amend the constitution to legalize random DUI check points here in Washington State.  The legalization of DUI check points would allow law enforcement to stop vehicles without legal cause and investigate individuals for possible driving under the influence of drugs and/or alcohol.  Why try again?  Supporters of DUI check points are convinced individuals will think twice about drunk driving knowing they could be stopped at a DUI sobriety check point and thus drunk driving would decrease.

Democratic State Representative Roger Goodman, of Kirkland, appears to be a supporting forefront voice on the controversial issue saying, “We’ve made a lot of progress in enacting DUI laws, but there’s one missing piece and that’s the sobriety checkpoints, which have been shown to reduce deaths by 25 to 30 percent in other states that have them.”  According to Goodman, 38 states nationwide and the District of Columbia currently have similar DUI check point laws in place.

Goodman, other lawmakers, MADD, and advocates for victims and survivors of drunk driving accidents have banded together knowing they have an extremely tough uphill battle to try to pass random DUI check points into law.  Past attempts to move DUI check points into law have all failed due to Washington State’s constitution having very strict privacy laws.  A report produced by the lawmakers and advocates will likely be handed over to state officials on December 4th to continue their push forward for DUI check points.

Those opposing DUI check points are not lying low, they are loudly voicing violations of State and Federal constitutional rights.  Many are saying Washington State is unique for having strict privacy laws and it should stay that way.  Doug Honig with the ACLU (American Civil Liberties Union) of Washington State, shared his stance saying, “In our society, if you’re out and about on the highway and you aren’t doing anything wrong, law enforcement shouldn’t be stopping you.”  He continued, “It’s a matter of general freedom in our society.”

This issue of legalizing DUI check points is difficult, on one hand we want to keep all people safe, on the other hand it would cost the right to privacy while driving.  When it comes to civil liberties I think it is wise to remember the old saying, “If you give them an inch, they will take a mile.”  Meaning, if we give up our right to privacy while driving and allow police officers to investigate anyone for possible DUI what will come next… allowing random searches of vehicles… or allowing law enforcement to enter homes without cause or warrant?  The more we allow law enforcement to encroach on our daily lives, the less freedom we truly have.

The information above was derived from the article Sobering idea?  State floats idea of random DUI check points, written by Lindsay Cohen, Nov. 6th 2013 and can be found on Kiro.com.

 

Written by S.O

 

 

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.

Seattle Seahawks’ Josh Portis Released from Team due to DUI Charge

Seattle Seahawks’ Josh Portis Released from Team due to DUI Charge

Josh Portis, backup quarterback, is already feeling repercussions from the DUI (driving under the influence) arrest he received on “Cinco de Mayo” May 5th.  As of yesterday, the Seattle Seahawks officially announced Portis had been released from the team because of his DUI run-in.  Portis not only threw away his prestigious position of professional backup quarterback but also the $480,000.00 annual salary that went along with it, OUCH!  Josh has yet to play in a professional game.

According to Washington State police reports, on May 5th around 9:30PM Josh Portis was driving 80 mph in a 60 mph zone heading eastbound on the I-90 floating bridge.  Washington State troopers pulled the 2008 Range Rover over for speeding, and when they approached the drivers’ window they reported there was “a strong odor of intoxicants coming from the vehicle” and the driver, Portis, had “watery bloodshot eyes.”  Troopers suspected drunk driving even though the 25-year-old athlete stated he did not have anything to drink and was on his way home from Seattle.   Portis agreed to take the field sobriety tests and refused the DUI breathalyzer test during the DUI investigation.

Josh Portis was arrested for DUI and was taken to the Washington State Patrol headquarters.  While there, Portis submitted two breath tests that revealed blood alcohol concentrations of 0.092 and 0.078.  The legal BAC limit in Washington State is 0.08.  Later Josh admitted to the arresting trooper that he did have tequila earlier that evening and that he lied earlier because he was nervous.  Portis was charged with a misdemeanor DUI.

Portis will need to hire a strong DUI defense attorney for his case, his career is depending on it.  With recent DUI tragedies in the local news, Washington State continues to lower its tolerance and sympathy for individuals who choose to drive drunk including professional athletes.

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Written by S.O