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“8 Mile” Actor Popped For DUI

“8 Mile” Actor Popped For DUI

Actor Anthony D. Mackie, well known for starring in movies such as “8 Mile,” “Hurt Locker,” and “Notorious,” was arrested early in the morning on November 9th by New York City Police for DUI (driving under the influence).

According to NYC police, the 35-year-old actor was initially pulled over at 1:22 a.m. in Harlem for driving a vehicle with tinted windows.  Allegedly, when police approached Mackie’s vehicle to collect driver’s license and vehicle registration information they detected a strong smell of alcohol on Mackie’s breath and noticed his eyes were watery and bloodshot.  The officers suspected Mackie of drunk driving and asked him to perform the voluntary DUI field sobriety tests.

Mackie supposedly failed many of the sobriety field tests, was arrested for DUI, and was taken to the police station for booking.  While at the station, police asked Mackie to blow into the breathalyzer machine to determine his BAC (blood alcohol concentration) level, Mackie refused.  Because of the refusal to blow into the breathalyzer machine, NYC automatically suspended Mackie’s driver’s license for one year and fined him $500.00.

Here in Washington State, if an individual refuses to blow into the police station breathalyzer machine, a police officer will inform that individual that they will lose their driver’s license for one year.  However, the police are being somewhat misleading when stating “you will lose your driver’s license if you refuse” because an individual has the opportunity to request a hearing from the Washington State Department of Licensing to contest the loss of their license.

The experienced DUI lawyers at David O Defense have successfully defended many individuals in Washington States during DOL (department of licensing) hearings allowing those individuals to maintain their driving rights and privileges.  If you need representation for a DUI charge, DOL hearing, or have any questions about DUI consequences give us a call to schedule a free consultation 206-459-6392.

 

Written by S.O

Forced Blood Draws If Suspected Of DUI?

Forced Blood Draws If Suspected Of DUI?

Here in Washington State, an individual that is under suspicion of DUI (driving under the influence) has the right to refuse the field sobriety tests and portable breath test administered by law enforcement because these tests are voluntary.  An individual suspected of DUI also has the right to refuse to take the breathalyzer test at the station, however, they may face a one year driver’s license suspension by the DOL (department of licensing) because of the refusal.  Once an individual has refused the breathalyzer test, the burden of proving that individual is DUI is upon the arresting officer, thus the officer may call a judge to obtain a search warrant to obtain a blood draw sample from that individual.  Next that individual will be taken to a hospital where a nurse will take a sample of their blood to determine their BAC (blood alcohol content) levels.

Not all States follow this same procedure when handling persons suspected of DUI that have refused the breathalyzer test.  Georgia has their own legal methods of drawing blood samples from refusal individuals that are called “Forced Blood Draws” or “Forcible Blood Draws.”

Once a Georgia officer has obtained a search warrant from a judge for a blood draw, the “forcible” part of the blood draw comes into play when multiple police officers hustle a DUI suspect into a small room at the station, strap them onto a cot or table with multiple tethers, put them into a head lock, and wait for a nurse to draw their blood.  All individuals are treated in the same manner, strapped down and put into a head lock, even if they are completely calm and compliant.

This type of blood draw by restraints has become very controversial.  Many citizens have expressed this is a violation of our constitutional rights, it is animalistic, an unnecessary intrusive experience, and just plain terrifying.  A few of the comments posted after the news brief, DUI suspects face forced blood draws in some Ga. counties, found on www.myfoxatlanta.com read, “this is wrong. its all about control. no rights.” and “This is very wrong and the justice system is failing in a big way.”  Other people are saying this forceful procedure is completely justified if a DUI suspect isn’t being compliant by taking the breathalyzer test.

Police officers are justifying the procedure by saying these (restraints and headlocks) are necessary precautionary measures to ensure no one gets hurt.  They also claim these forced blood draws have increased their DUI conviction rate.

Just a reminder of our Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Written by S.O

 

Sportscaster, Al Michaels, Charged With DUI

Sportscaster, Al Michaels, Charged With DUI

Legendary sports broadcaster, Al Michaels, has been charged with misdemeanor DUI stemming from his DUI arrest in California on April 19th.

Santa Monica officers reported Michaels made a U-turn in front of their DUI sobriety check point around 10PM.  Hmmm, seems like someone knew they had a little too much to drink!  Officers pulled Michaels over and immediately detected an odor of alcohol on his breath.  They continued their DUI investigation and had him perform the DUI field sobriety tests, of which he failed.  Al Michaels was arrested for DUI and taken to jail.

Good news for the voice of “Sunday Night Football”, his DUI breathalyzer test reveled a .08 and .09 blood alcohol level, right at the legal limit.  Additionally, Michaels doesn’t have any criminal history, thus, if Michaels hires a good DUI criminal defense attorney he has good fighting chances of avoiding jail time and getting his DUI charge reduced to a lesser charge.

 

Written by S.O