Skip to main content

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.

heleyna holmes photography 003

 

 

 

 

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.

DUI Charge Even With a Breath Test Under the Legal Limit

DUI Charge Even With a Breath Test Under the Legal Limit

It’s unfair but true you can be charged with a DUI in Seattle, in fact, everywhere in Washington State while having a DUI breath test result under the legal limit of .08.  RCW 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..”  Affected by intoxicating liquor?!  What does this mean?

It means the prosecutor can still charge you with a DUI.  Every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.  A person charged with a DUI with a breath test under the legal limit will be facing the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar.  As a result this type of case should be taken as seriously as a DUI case with a breath test above the legal limit.

Unless something extraordinary happened I don’t believe any driver should be charged with a DUI if that person blew under the legal limit.  Especially when the state puts on TV ads about DUI/drunk driving and posts signs all over the road showing the legal limit of .08.  It’s misleading.

I have represented several people charged with a DUI while blowing under the legal limit.  Fortunately for those clients we were able to resolve all those cases very well.

 

Published by Seattle DUI lawyer David O

david_o_seattle_washington_defense_attorney