Bouncing over Turtles leads to DUI for Mount Vernon, Skagit County Man

On Saturday, February 13, 2010, a 57-year-old Mount Vernon man was arrested by Anacortes Police on a charge of DUI after an officer saw his van repeatedly traveling out of its lane on Highway 20 around 1:45 a.m. The vehicle was speeding and the driver allegedly told the officer he “kept bouncing over the turtles.” The man showed several signs of intoxication and told the officer he had a couple beers. He failed field sobriety tests and provided breath samples almost twice the legal limit. He was cited and released to his wife.  More work for the Anacortes Municipal Prosecuting Attorney.

For more information on this story check out this website:

http://www.goskagit.com/home/article/anacortes_police_blotter_feb_24_2010/

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Donuts Equal DUI in Anacortes, Skagit County

On February 24, 2010, an Anacortes Police officer saw a vehicle spinning its tires and doing “donuts” in a parking lot in the 2900 block of Commercial Avenue around 11:21 p.m. The vehicle left the parking lot and continued to spin and smoke its tires, and the officer stopped it in the 1000 block of 29th Street. The driver, a 29-year-old Anacortes man, was unsteady on his feet as he got out of his car and was arrested on a charge of reckless driving.
The man also had a suspended driver’s license and three warrants on DUI charges. A marijuana pipe was found in his pocket and he allegedly admitted drinking “half a bottle of tequila.” The man said he was driving in a reckless fashion because he had been drinking. He failed field sobriety tests and allegedly told the officer, “I want to be honest with you ... I’m drunk.” He provided breath samples more than twice the legal limit. He was booked into jail on multiple charges.  Lots more work at the Anacortes Municipal Court.

For more information on this story check out this website:

http://www.goskagit.com/home/article/anacortes_police_blotter_feb_24_2010/

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

 

DUI Arrest in Washington State needs a Valid Stop or your vehicle

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

The DUI Stop

The officer must have a valid reason to stop and detain you. All citizens in this country have the right to travel free of unjustified police interference. Random stops of drivers by police are illegal and police stops based upon a hunch are also illegal. A roadblock is considered a random stop and is not permitted in Washington, although roadblocks are permitted in many other states and Canada.  Importantly, if the officer has no legal basis to stop you the evidence he gathers following the stop must be suppressed and your case dismissed.

Preceding the stop it is not necessary that the officer observe a driver actually “driving under the influence” or even driving that is “typical” of such an offense (weaving all over the road).  In fact many people who are stopped and subsequently arrested for a DUI were stopped for other reasons such as having a tail light out, driving with no lights on at night, or expired registration. Police are trained and encouraged to look for certain driving mannerisms that might indicate a chance that the driver is driving under the influence. The National Highway Traffic Safety Administration (NHTSA) has produced a pocket-size booklet intended primarily for law enforcement entitled Guide for Detecting Drunk Drivers at Night, DOT HS-805-711 (available free of charge from NHTSA, Administrative Operations Division, Room 4423, 400 Seventh Street, N.W., Washington, DC 20590). 

 

Evidence to prove a DUI in Washington State

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

EVIDENCE

Evidence in driving under the influence cases generally fall into five categories; driving observations, subjective observations, field sobriety tests, driver statements, and a breath or blood test.

The first category consists of “driving observations.”  Unless there is accident, which clearly would attract the notice of the police, driving symptoms are what usually first draws the attention of the police.

The second category of evidence is “subjective observations” made by the police officer.  These include the odor of alcohol on the breath, bloodshot eyes, flushed face, slurred speech, fumbling with a driver’s license, leaning on the car for support, unsteady walking, difficulty following directions, and so on.

The third category of DUI evidence are the field sobriety tests (FSTs).  There are only three standardized FSTs that are recognized as more accurate and reliable indicators of intoxication.  These three include the horizontal gaze nystagmus (following an object like a pen or finger from side-to-side with your eyes), the walk-and-turn test, and the one-leg-stand.

Most police agencies utilize a portable roadside breath-testing device as an additional field sobriety test.  These PBT devices, while old and largely unreliable, are supposed to be used only to aid the officer in making a decision whether to arrest you after he has given the other field sobriety tests. All FSTs are voluntary and you may refuse to take them with no legal consequences.

The fourth category of evidence involves statements (or admissions), made either spontaneously or in response to police questions.  It is important to remember that you are not required to answer any questions at any time.

The fifth, and final type of DUI evidence is the chemical test. In Washington State, this involves a choice of breath test or blood test.  There is no urine test used in this state, although it is still used in some states.

 

Felony DUI in Washington State

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Felony DUI

RCW 46.61.502

A charge of DUI or Physical Control is a felony if you have four or more prior offenses in the previous ten years (effective July 1, 2007).  A “prior offense” is defined as a conviction for a DUI or Physical Control, successful completion of a deferred prosecution, or a conviction for Reckless Driving, Reckless Endangerment, or Negligent Driving 1^st Degree, where the charge was initially filed as a DUI or Physical Control.

Additionally, a DUI or Physical Control charge is also a felony if you have a prior conviction for an alcohol related vehicular assault or vehicular homicide.

A DUI felony is classified as a level V felony and the sentencing range for such an offense is 22-29 months in prison.  Although the felony DUI offense is a Class C felony it cannot be vacated from a person’s criminal history after five years like many other Class C felonies.  Instead you must wait ten years until this type of charge can be vacated from you criminal history.

 

DUI on the water is a BUI

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Boating Under the Influence (BUI)

RCW 79A.60.040

To the surprise of many there is something called “boating under the influence.”  Not only is it against the law but it is a criminal misdemeanor offense.  In Washington, the actual offense is called "Operation of a Vessel Under the Influence of Intoxicating Liquor.”  The statute for a BUI, RCW 79A.60.040(2), reads as follows:

(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:
(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

States, including Washington State, have enacted criminal laws that penalize certain conduct while operating a “vessel” on the water.  A "vessel" includes almost every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. RCW 79A.60.010.

In the State of Washington you cannot operate a vessel on the water while under

the influence of alcohol and or drugs.  To be found guilty of such an offense the prosecutor must prove that you provided a breath or blood sample of 0.08 or higher. Alternatively, if you do not provide a breath or blood sample, which is your right, the prosecutor can prove a BUI when the evidence supports that you were under the influence of the intoxicating liquor and or drugs.  Without a breath or blood sample, however, this would prove a much more difficult chore.

There are several important differences between a regular DUI and a BUI.  These differences include the following:

•For a BUI, unlike a DUI, is a misdemeanor with a maximum punishment of 90 days in jail and a $1,000 fine.

•For a BUI, there are no mandatory minimum penalties while for a DUI the mandatory penalties include at least one day in jail (and fines) for a first offense and dramatically increase thereafter for multiple offenses.

•For a BUI there is no driver’s license consequences.  Therefore, unlike DUIs you cannot lose your license if you arrested for or convicted of a BUI.

•For a BUI there is no ignition interlock devise requirement.  While a judge can always impose such a devise, unlike a DUI conviction it is not a mandatory requirement.

•For a BUI arrest you do not need to take a breath test or blood test, unlike if you arrested for a DUI.  Therefore there will be no license suspension if you refuse to take a breath or blood test.  If you are asked to take such a test by a law enforcement officer it would advised that you exercise your rights and politely decline to take it.

•For a BUI, there are no mandatory punishment enhancements for multiple offenses.  However, a judge would still have the discretion to increase punishment should he chose to do so.

Minor DUI in Washington State - RCW 46.61.503

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Juvenile DUI (Minor DUI)

RCW 46.61.503

Under Washington law, it is a crime for a person under the age of 21 to drive or to be in physical control of a vehicle after consuming alcohol with an alcohol concentration over 0.02. This is a strict standard and is treated with zero tolerance.  The amount of alcohol required to get to a level of 0.02 is minimal, less than one beer or a glass of wine. Such a violation has grave consequences and may result in a criminal charge, an arrest, license suspension, and possibly jail.

The statute for a juvenile DUI, RCW 46.61.503, reads as follows:

(1) Notwithstanding any other provision of this title, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle within this state and the person:
(a) Is under the age of twenty-one;
(b) Has, within two hours after operating or being in physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506.

A “minor DUI” is a misdemeanor and has a maximum penalty of 90 days in jail and a $1,000 fine.  Additionally, in all likelihood there will be probation for up to two years and the conditions imposed by the court at sentencing will certainly include an alcohol assessment and follow up (an 8 hour alcohol awareness class or lengthy alcohol treatment), the attendance at a DUI victim’s panel, and possibly community service or jail time.

Additionally there is also the possibility of a 90 day license suspension imposed by the Department of Licensing for those arrested for a minor DUI.  This suspension occurs irrespective of the outcome in the criminal case.  See the Chapter on the Department of Licensing for more details.

Finally, if you are a minor and have a breath rest result of .08 or greater, or if the prosecutor can prove that you were impaired at the time of driving, you can also be prosecuted for an adult DUI and be facing the same consequences, including mandatory jail.