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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

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.