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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.

Bad Idea to Curse at a Police Officer During A DUI Investigation!

Bad Idea to Curse at a Police Officer During A DUI Investigation!

Female rapper Kat Dahlia is a perfect example of what “not to do” during a police DUI investigation and arrest.  Do not let your emotions flare, do not curse at law enforcement, and do not resist arrest.  All these actions will be noted in the arresting officers police report an will make the DUI charge much tougher for the criminal defense attorney to negotiate and/or defend.

Early Tuesday morning, Kat Dahlia was pulled over by Miami police for speeding.  Allegedly officers could smell a strong odor of alcohol coming from her car and asked Kat to step outside her vehicle.  According to police reports, Kat’s emotions got the best of her and she became belligerent.  With heavily slurred speech, Kat began to swear at the officers and refused to take the DUI field sobriety tests (good girl for not taking the DUI field sobriety tests, remember the DUI field sobriety test are voluntary and should be refused).

Police began to arrest the singer for DUI, however, when police tried to cuff Dahlia, she refused to place her hands behind her back.  Allegedly police had to force Kat’s hands together behind her back to properly cuffed her.  Kat Dahlia was hauled into the local police office and charged with misdemeanor DUI and resisting arrest.

The DUI and criminal defense attorneys at David O Defense advise individuals to be respectful to law enforcement during a DUI investigation.  When respectful to officers, individuals will be less likely to accrue additional legal charges such as resisting arrest.  Additionally, when being questioned by police for a possible DUI, David O Defense lawyers recommend not talking to the officers, an individual should ask politely to speak to their criminal defense attorney.  If an individual does not talk during a DUI investigation they will be less likely to say something that would incriminate themselves, such as; “I only had 2 beers.”

Make sure to program the telephone number of David O Defense into your cellphone in case you are being investigated for a DUI, 206-459-6392.

 

Written by S.O

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