Skip to main content

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.

Washington State Patrol Increasing DUI Patrol During 4th of July Weekend

Washington State Patrol Increasing DUI Patrol During 4th of July Weekend

Over the long weekend of the 4th of July, Washington State Patrol will be revving up their DUI (driving under the influence) patrols in order to reduce accidents and fatalities.  According to the WSP, “Summer represents one of the highest travel periods and the start of the ‘100 deadliest days on the roads.  Half of all traffic deaths in Washington involve an impaired driver.”  “Impaired drivers” includes drunk driving and driving under the influence of drugs.

County deputies, local city police, and coast guard will also be on increased DUI patrol over the 4th.

The criminal defense attorneys of David O Defense wish everyone a happy and safe 4th of July!  If arrested for DUI over the weekend, don’t hesitate, give David O Defense a call for a free consultation with a top rated Seattle defense lawyer.

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