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Going to Court Drunk for your DUI Charge – NEVER a Good Idea –

Written by David O
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Use common sense when going to court!  It’s never a good idea to show up to court drunk or while under the influence of drugs, especially when you are required to be in court for a DUI or any type of alcohol or drug related charge.  Unfortunately, some individuals are so stressed, they make the horrible mistake of attending court drunk or high, hoping the alcohol or drugs will calm their nerves while they are in front of the judge.

Just recently, in Grand Island, New York, a 44-year-old man drunkenly stood before a judge where he was convicted of a DUI charge that he acquired on Dec. 29th by crashing his car into the Niagara River and was later rescued by firefighters.

Apparently, after being found guilty of the DUI charge, the intoxicated man was allowed to leave the court but had been warned by the court not to drive.

Failing to follow orders not to drive drunk, the man walked out of court, got into his car and proceeded to leave the parking lot.  Shortly there after, deputies pulled the man over and arrested him for drunk driving.  The man was hauled into jail and was charged with felony DUI.

NEVER a good idea to show up to court drunk!

judge and policeThe man was very lucky to even have the opportunity to go home, because here in Washington State, most judges would have immediately thrown him into jail for violating his  “Standard Conditions of Release.”

Washington State judges require anyone charged with DUI to adhere to the Standard Conditions of Release while their DUI case is ongoing.  The Standard Conditions of Release generally include the following conditions:

  • No consumption of alcohol or non-prescribed drugs (including marijuana).
  • Do not drive without a valid license and insurance.
  • Abide by the law (no new criminal law violations).
  • No refusal of breath, blood or urine test upon reasonable request of law enforcement.
  • Attend all court hearings.
  • Notify the court of any address changes.

Here at David O Defense we understand that court can be very stressful, however drinking alcohol or smoking some marijuana to calm nerves will only make an individual’s situation worse. The judge will most likely throw that person into jail where they will likely stay until they post a large bail amount or until their DUI case resolves.

Just remember: It’s NEVER a good idea to show up to court under the influence of drugs and or alcohol!

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Washington’s New Breath Test Device: Draeger Alcotest 9510

Written by David O
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Washington’s New Breath Test Device: Draeger Alcotest 9510

Washington State law enforcement has used the “Datamaster” breath-test machine for over 20 years and is now ready to make a change.  The Datamaster manufacturer is closing its doors and will no longer produce the breath-test machine or its parts for repair.  For this reason, Washington State looked for its next breath-test machine used to test drivers arrested on suspicion of driving under the influence.  The great citizens of our state will now be subjected to the “Draeger Alcotest 9510.”

On November 21, 2014, the Washington State Patrol (WSP) Impaired Driving Section began deploying the new Draeger Alcotest 9510 instruments in Northwest Washington in Whatcom, Island, San Juan, Skagit, and Snohomish counties. Soon thereafter, the deployment continued in Southeast Washington in Kittitas, Yakima, Benton, Franklin, Walla Walla, Columbia, Garfield, and Asotin counties.  Approximately 83 Draeger Alcotest machines have been put into service in Washington and will continue to replace the Datamaster.

Draeger Alcotest 9510

Like the Datamaster, the Draeger Alcotest 9510 measures alcohol in the lungs by analyzing exhaled breath.  However, there are some differences between the two breath-test machines.  Some of the notable differences are:

  • The DataMaster uses Infrared Spectrometry (I/R) to quantify alcohol. The Draeger uses I/R and in addition tests each breath sample using the “electrochemical” (E/C) process.
  • The DataMaster’s I/R system measures a frequency of infrared light associated with the Carbon/Hydrogen bond of the ethyl alcohol molecule. The Draeger’s I/R system measures the Carbon/Oxygen bond of the ethyl alcohol molecule. This design is intended to avoid mis-identifying acetone as alcohol, which is possible when I/R measures the Carbon/Hydrogen bond of the ethyl alcohol molecule.
  • DataMaster produces tests two breath samples and produces two readings, the Draeger tests two breath samples TWICE, thus producing four test results.
  • The breath test document of the DataMaster contained only the test readings and some other data. The Draeger is capable of producing a printout with graphs of the “breath profile,” which would show how long an individual blew, and also the “uncertainty” calculation for the readings. Several DUI courts are considering whether to require that “uncertainty” of readings be determined and reported.
  • The DUI police officer operating the DataMaster must type in all date identifying the subject, date of incident, etc. The Draeger will have a card swipe device that will read the data from a driver’s license and also the operator’s permit card.

With the implementation of a new breath-test machine comes new issues as to its reliability and accuracy.  The attorneys at David O Defense are prepared to help those accused of driving under the influence (DUI) to get the best results possible.  Call us for a free consultation at 206-459-6392.

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Ex-NFL Player Charged with “Extreme DUI”

Written by David O
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Ex-NFL Player Charged with “Extreme DUI”

The charge “Extreme DUI” sounds quite intense, and nobody knows this better than ex-NFL player, Braylon Edwards, who was arrested early in the morning on May 4th in Scottsdale, Arizona.  The former wide receiver allegedly was very under the influence of alcohol because according to police, his BAC (Blood Alcohol Concentration) level was more than .20, over twice the legal BAC limit of 0.08.  Having such a high BAC level earned him the charge “Extreme DUI.”

According to Arizona State law, an Extreme DUI is based upon the blood alcohol concentration level of the person accused; specifically, if the person has a BAC level above .15 but less than .20 then they will be charged with Extreme DUI under §28-1382 of the Arizona Revised Statutes.  Wait there is more… if an individual has a BAC level of .20 or greater than they will be charged with “Super Extreme DUI,” and with a Super Extreme DUI comes even harsher penalties and longer jail time.

It’s unclear why Braylon Edwards is only being charged with Extreme DUI and not Super Extreme DUI, since his BAC level over .20.  Perhaps he just got lucky!  Now Braylon Edwards needs to focus on hiring a good, reputable DUI lawyer to help fight his Extreme DUI charge.

Here in Washington State, Extreme DUI and Super Extreme DUI charges do not exist, an individual is simply charged with DUI no matter how high their BAC results.  However, penalties increase for individuals that are charged with DUI and have a BAC level of .15 or above.

Here is a comparison of penalties for first DUI charge within 7 years for Washington State – a BAC result less than .15 vs a BAC result more than .15 or a BAC test refusal.

BAC result less than .15  (1st offense)

  • 1-364 days in jail or 15 days of EHM (Electric Home Monitoring),
  • $941-$5,000 fine,
  • ignition interlock device for 1 year, and 90 day license suspension.

BAC result more than .15 or BAC test refusal (1st offense)

  • 2-364 days in jail or 30 days of EHM,
  • $1,196-$5,000 fine,
  • ignition interlock device for 1 year, and license revocation for 1 year if BAC result was more than .15 or license revocation for 2 years if BAC was refused.

If you have any questions concerning DUI charges or if you have been arrested for DUI here in Washington State, call David O Defense today, 206-459-6392.  The DUI lawyers at David O Defense offer free consultations and can answer any questions or concerns you may have.  Call today, David O Defense will work hard for you!

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