DUI Category Archives — Page 4 of 4 — Seattle Attorneys Blog Published by Family and Injury Law, Criminal Defense Lawyers

Case Summary: State of Washington v. Michael Baity and Edward Arnestad

February 24, 2015 | by Blair & Kim, PLLC

In State v. Baity, the Washington Supreme Court found the basis for HGN testing, that intoxicated people will exhibit nystagmus, to be generally accepted under Frye. Baity also addressed the admissibility of the 12-step DRE examination, of which HGN was one step, employed by police officers to detect behavior associated with certain drugs and held that it constituted novel scientific evidence. The Court also placed clear limitations on officer testimony based upon this scientific testing.

Michael Baity and Edward Arnestad were each charged in separate prosecutions for driving under the influence of alcohol or drugs (DUI). Continue reading

Field Sobriety Tests in Washington State

February 22, 2015 | by Blair & Kim, PLLC

For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk and Turn, Heel-Toe test. The real question is though just how reliable are standard field sobriety tests?

What does it mean when an officer says he is a DRE?

January 16, 2015 | by Blair & Kim, PLLC

In Washington State, Drug Recognition Experts, also known as DREs are regular law enforcement officer’s who have received additional training to recognize impaired drivers who are under the influence of drugs other than, or in addition to alcohol.

In the 1970’s the Los Angeles Police Department developed the Drug Evaluation and Classification Program (DECP). The purpose of the program was to train officers on how to determine whether a driver is under the influence of drugs, and then to determine the type of drug causing the impairment. Washington State adopted the program in 1996 and currently has approximately 230 active DREs. While individual agency policies can vary on when specifically a DRE will be called, they generally investigate major collisions and when officers suspect drug involvement.

Cited with a DUI?

September 7, 2013 | by Blair & Kim, PLLC

If you’ve been arrested for driving under the influence (DUI), it can result in a license suspension, license revocation, fines, seizure of your car, a DUI arrest on your driving record for 15 years, potential jail time or home detention, and other serious consequences.

Even if this is your first DUI you could be facing a fine of $5,000 and up to one year in jail. Your license can be suspended for 3 months if your BAC was less than .15% or one year or more if it was over .15%. If your license is suspended, however, you may be able to have an ignition interlock installed in your vehicle. See our blog entry, “Ignition Interlock Driver License” for more information or call Blair & Kim, PLLC to see if you may be eligible for this type of license.

If you’ve had more than one DUI, the consequences can be even more severe. Additionally, you may have more than one DUI even if you haven’t officially been charged. In King County, you may be awaiting DUI charges for months. See our other blog entry, “King County Often Takes Months to File DUI Charges” for more about this topic.

Ignition Interlock Device

August 14, 2013 | by Blair & Kim, PLLC

When you are accused of driving under the influence of alcohol, a conviction can mean you lose your ability to drive due to a license suspension or revocation. Depending on the situation, the length of time for which you are unable to drive can vary. In order to regain your license, you may have the option of having an Ignition Interlock Driver License. This means you will be able to drive, but only with an ignition interlock device installed in your car. It will require you to breathe into it, at which point it will assess the level of alcohol that is on your breath in order to start. If alcohol is found on your breath then the car won’t start. It may also require rolling tests, where it requires you to breathe into the device even after you have been driving. Not everyone is eligible to file, and in order to seek this option the following circumstances must be true of your situation.

You are a resident of the state
Your license is not expired
You are accused of:
Vehicular Homicide that involved alcohol or drugs
Reckless Driving
Vehicular Assault with the use of alcohol or drugs
DUI or Physical Control
The suspension or revocation does not include a minor in possession or Habitual Traffic Offender.

In order to apply for the program you will have to have the device installed in your vehicle and the company that does the installation will need to let the Washington State Department of Licensing know. You will need proof of financial responsibility and this may be done through a Certificate of Insurance. A Restricted Driver License Application will need to be filled out and filed. The application form can be given to the office or mailed in and it will need to include a fee. The application and details of the case will be assessed in order to make the decision. For those who are approved, they will need to reapply each year to keep the ability to drive. For individuals who have their application denied, it is possible to reapply in a six month period.

Having the Ignition Interlock Driver License doesn’t just mean that your car needs to have the device installed. If there are other cars that you will be using, then those will need the device as well. Fees for the device include the installation cost, maintenance or repairs, application fees, and a monthly fee for the device. While there are certain setbacks with the device, having it can be extremely beneficial. Not having the ability to drive is something you may not realize as being so damaging until you are in the situation yourself. Talk with a Seattle criminal defense lawyer from Blair & Kim, PLLC to find out what may be done in your situation.

New Efforts Taken in Drug Treatment

December 13, 2012 | by Blair & Kim, PLLC

In the state of Washington, drug crimes can come with a high cost for a suspect that is convicted by the court. Penalties can cost thousands in fines, years behind bars and more. Those found guilty can have their life changed by the sentencing that they are given. These crimes in the past have been handled by the state courts however; some crimes that are committed can break federal laws and will be tried in a different court. The federal court in Seattle is experimenting with their tactics for trying and prosecuting these crimes. They are taking a page from the state courts which use specialized drug programs as a part of their system. This new development gained some assistance being pushed through from the U.S. District Judge Ricardo S. Martinez. He also has been involved with developing the treatment plan and what will be required of those that become a part of the program.

It is aimed at those that have less severe charges that committed their crimes out of an addiction to the drug, rather than committing the crime for the mere profit of it. They will have to have no prior sexual or violent offenses in their past, no mental health problems that are uncontrollable and no more than two felonies in order to be eligible. The federal court is commonly thought to only deal with the higher up cases but this will give them influence in rehabilitating convicted individuals. In order to avoid the harsher penalties of a conviction, the individual that is found guilty will need to agree to enter in to the program which will generally run between a year or two. This may benefit them greatly to avoid jail time or higher fines and to enter back in to society. It is expected that the program will start off small and focus on about 10 individuals in the first year. When charged with a crime the best option is to fight against the penalties but in some cases there may be options that can be explored in the negotiations process. Work with a caring Seattle criminal lawyer from our firm to learn more.

The Walk-and-Turn Test

October 8, 2012 | by Blair & Kim, PLLC

The National Highway Traffic Safety Administration uses a few tests that are known as the Standardized Field Sobriety Tests. These have been reviewed and developed for the purpose of assessing which drivers are under the influence of alcohol while operating a vehicle. The NHTSA has given their stamp of approval for these tests and they have undergone research to determine the level of accuracy for each one. The tests that are used include the One-Leg-Stand, the HGN test and the Walk-and Turn test.

This last one is known by many people and has even been shown in numerous movies, though the details of it are not always accurate. The test has a number of specific rules that will be explained to a suspect and they will need to be carried out in order to pass. The suspect will need to walk a straight line for nine steps, putting one foot directly in front of the other heel-to-toe. After they have gone far enough they will need to turn around on one foot and come back in the same way. This test reviews their ability to divide their attention between performing the physical movements and carrying out the instructions that have been given to them. Their coordination will be reviewed by witnessing if they need to use their arms to balance, remember to put one foot in front of the other, make a wrong turn, take the wrong number of steps or step off of the line.

It is stated by the NHTSA that this tests has a 79 percent accuracy rate for determining who has a blood alcohol content level of .08 or more amongst individuals that show two or more of these difficulties during the test. This however, is speculation and does not always prove true on the field. Many innocent suspects are wrongfully accused. Contact Blair & Kim if you have been charged for drinking and driving, including if you failed a field sobriety test.