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Let me start by offering a point of clarification regarding breath tests.  Many Washington DUI law enforcement officers carry a handheld or portable breath test with them all times.  You should always politely but firm decline to blow into these devices by the side of road.  They are notoriously inaccurate and serve no purpose expect to provide incriminating evidence against you.  The critical breath test, which is the focus of this article, is the one that is requested AFTER you have been arrested and taken back to the police station. 

All Washington State DUI arrestees are requested to provide a sample into this machine.  The Datamaster is the only breath test approved for use here in Washington State.  It looks somewhat like a large typewriter and has a long tube extending out of it.  This article discusses whether or not you should blow in the Datamaster following a Washington drunk driving arrest.

First of all, before you ever submit to a breath test back at the police station, you should demand to speak with an attorney.  Now, the arresting officer is NOT required to put you in touch with the attorney of your choice, or even an experienced Washington DUI attorney.  In most cases, the only attorney that they can reach is one of the public defense attorneys that happens to be on call the night that you are arrested. 

But you should always demand to speak with an attorney BEFORE taking the breath test.  If the officer makes no real effort to put you in touch with an attorney, this issue can be raised in your defense at both your Department of Licensing Hearing and your criminal case.  But the officer is under no specific requirement to put you in touch with an attorney unless you specifically request one.

Being pulled over in the middle of the night is always a difficult experience, especially if you have been driving earlier in the evening.  It’s hard to remember know what to do or say in these circumstances.  Once you are arrested for DUI, however, the most important question that you need to ask yourself is “to blow or not to blow.”  If you are able to contact a Washington DUI attorney that night, they can provide you with specific advice based on a number of critical variables including your age, your weight, what you had to drink that night, when you stopped drinking, and when you stopped driving.

So, should you blow or not?  First of all, if you have honestly had only a couple of drinks, or if you have spread your drinks out over a number of hours, then the answer is pretty simply, you should always blow.  You may very well be under the legal limit, or very close to it.  Either of these results will be of great benefit to you in your criminal case.

As for other circumstances, the bottom line is that there are consequences with each choice assuming that you blow over the limit.  In most situations, however, we recommend to clients that they blow.  Getting arrested is a scary and disorienting experience.  And it warrants repeating that you should always exercise your right to speak with an attorney.  An attorney will be able to walk you through the information below.  Many people become confused when they have to start reading and signing documents just prior to blowing and end up making a choice that they later regret. 

Now, moving on to the question at hand.

What happens if I don’t blow?  Many people think, and understandably so, that if they do not blow, then the state will not have evidence to use against them.  Unfortunately, there are several problems with this line of thinking.  In Washington State, when you drive on a public road, you are implicitly consenting to giving your breath test in this very scenario.  If you then refuse to blow, a number of bad things can happen.

First, the statutory minimum punishment will increase.  For example, for a first time DUI, the mandatory minimum jail sentence for a “Refusal” is two days in jail versus only one day if you blow under a .15.  And, if this is your second DUI in the last seven years, your minimums will increase from 30 to 45 days. 

Second, the Department of Licensing will be trying to suspend your license for one year instead of 90 days had you blown.  Third, the Officer may decide to obtain a search warrant for your blood and you will then be forced to give your blood for an alcohol/drug test.  As a result, it really isn’t even a true refusal, is it? 

Lastly, the prosecutor at your trial will be able to point out to the jury that you refused and will clearly make inferences as to the reason for doing so…. “Ladies and Gentlemen of the jury, why do you think that Mr. Smith refused the breath test that night?  Because he knew that he was hammered!”  Chances are the jury will decide it was because you had been drinking and knew that you were drunk.  The jury will want to hear your plausible explanation on why you would refuse the test if you had not been drinking.

What happens if I blow?:  That evidence will be used against you.  However, you will need to weigh the odds and ramifications of this choice versus a refusal.  First, it depends on how high you blow.  If you blow above .15, your mandatory minimums will be 2 days if it is your first DUI and 45 days if it is your second within 7 years.  If you blow between .08 and .15, your minimums will be 1 day on your first and 30 days on your second. 

However, you may also be charged with a DUI even if you blow below .08.  If it appeared that your driving was affected by alcohol, no matter how little you drank, you can be charged with a Washington DUI.  So, if you blow a .07 but were all over the road, you can also be facing a DUI.  Second, you will be facing a 90 day license suspension if you blow above .08. 

So, what should you do?  In the overwhelming majority of situations, it is best to blow.  If you blow low, it will make it much easier for your Washington DUI lawyer to get a favorable resolution in your case compared to a refusal.  Additionally, your attorney may be able to get the breath test suppressed which can be particularly helpful in getting your case dismissed.  Such a resolution will be much more difficult to obtain with a refusal.  If you have any doubts or concerns about what to do, remember, ask to speak to a Washington DUI attorney as soon as possible.

Washington’s speeding and traffic laws are constantly changing.  In case you have not heard, starting June 10, 2010, talking on a cell phone without a headset or texting becomes a primary offense under Washington State traffic law. 

This means Officers can pull you over and issue you a Washington traffic ticket solely on this basis.  Previously, Officers could only ticket you for talking on the cell phone or texting if you were first pulled over for something else that was a primary offense, such as speeding, running a red light, or failing to yield.

Even more important, however, is if you are less than 18 years of age.  If you are under 18, you cannot talk on a cell phone at all while driving.  If you are over 18 you can still use a hands free headset to talk on the phone but that is specifically prohibited for those under 18. 

Tickets will remain at $124.  These tickets also will not show up on your driving record. 

Apparently, the Chief of the WSP would prefer if no one talk on the phone while driving.  Frankly, I do not see a law ever passing which would ban it entirely.  But you can now be issued a Washington traffic ticket solely for violating this new law.

Things you should not do when pulled over; offer the police officer a drink, offer to take the police officer out for a drink, make loud and contradictory statements, and offer the officer goods or services for not being put under arrest.

To be frank, if you are pulled over and you know that you have broken the law, the less you do or say the better.  Last week when Rommy Gutierrez was pulled over in Florida for what will be her third DUI violation, she did not follow this rule.

While a Lee County Sheriff turned on his lights and sirens to pull her over, Gutierrez turned off her one working headlight (it was nighttime) and turned on her windshield wipers (it was not raining).  The following are some of her potent quotes: “I’m coming from my house,” “I’m going to my house,” “one thousand, two thousand, five thousand,” “one, two, three, four, five, five, eight, nine, ten.” “You are being too hard, why are you making this so difficult for me” (when asked to touch her finger to her nose).

In my time as an Oregon and Washington DUI attorneys, I have seen many similar reports.  What is sort of astonishing about this case, is that it was her third drunk driving charge.  At some point along the way, you would have thought that she would have learned a few lessons about what to do if you are pulled over.

All in all, Gutierrez was charged with DUI, marijuana possession, and bribery of a public servant. The later charge came up after her arrest while she was in the police station.  Due to the report being redacted, we won’t know until her trial what she said.

There are two lessons that I like to take from stories like this.  One, I have already shared with you, “those who don’t talk, have the best chance walk.”  The less said after being pulled over, the better.

The second is this, “nip the problem in the bud.”  What does that mean? Gutierrez already has two DUI’s on her record when she was pulled over.  That is the law enforcement equivalent of painting a big red bull’s eye on your car.  Police officers in Florida and Washington State are constantly running license plate numbers through out their shifts.

When they see a Washington DUI, negligent driving, or reckless driving conviction on your record, you can bet your butt that they’ll find an excuse to pull you over.  A clean driving record is a precocious thing.  If you have one, fight to keep it.  If you don’t, you have a long hard fight to get it back.

Under Washington DUI law, prior drunk driving convictions within the last seven years can dramatically increase your penalties.  Anyone with a prior drunk driving conviction, even if it is more than seven years old, however, will be treated differently by the prosecutor handling the case.

Say friends, if you or someone you know is need of a good Seattle DUI attorney, it would be a good idea to call the Law Offices of Jason S. Newcombe.  They are experienced Washington DUI lawyers.

Fiona Couper, 37, began her job as the new state toxicologist recently and spoke at a news conference on Monday.  Part of Ms. Couper’s job is to return credibility to the lab that was so disgraced under her predecessor Barry Logan, particularly as it relates to WA State’s breath testing program, which is a critical part of handling and prosecuting Washington DUI arrests and criminal charges.

She is currently reviewing audits, interviewing employees and analyzing data for the Seattle-based lab, which has come under tremendous scrutiny this past year when thousands breath-test results in Washington drunk driving cases were be suppressed by judges throughout the state.  She stated that her number one goal is to focus on regaining public and judicial trust of the state’s toxicology lab, especially as it related to WA State DUI cases.  Her stated goal is to ensure high-quality lab results by installing strict standards and protocols in the hopes of her laboratory attaining international accreditation.

Couper completed her undergraduate and graduate degrees in Australia.  While completing her doctoral requirements at the University of Washington, she previously worked as an employee at the state’s toxicologist laboratory.  She spent the last five years working as the chief toxicologist for the District of Columbia’s Medical Examiner’s Office, which had been shut down because of leadership and competency concerns, when she was hired.

At her news conference, Couper stated “I’m very much a scientist, and that’s what I’m focusing on.” She went on to add that “it’s already a great lab. I’m just going to improve on that.”  Many Washington DUI lawyers would strongly object with her unfounded conclusion that it was “already a great lab”.  In the opinion of many WA State criminal defense attorneys, it was actually nothing short of an embarrassment to honest science, as well as the state’s citizens, who deserve more.

Wesley F. Irons, a 23 year-old Fort Lewis soldier was arrested on suspicion of Washington DUI, reckless driving, reckless endangerment, resisting arrest and third-degree assault when he crashed his Ford truck into the northbound lanes on Interstate 5.  In order to effectively fight these charges, Irons is going to need a good Tacoma DUI attorney.

It was reported by Iron’s girlfriend, who was a passenger in the truck, that he and another vehicle were aggressively cutting each other off on the freeway in what appears to have been yet another idiotic episode of road rage here in Western Washington.  The other driver, who was allegedly driving a Toyota, fled the accident scene and has not been located.  It was reported that Iron’s girlfriend told the police that road rage was the cause of the accident.  Obviously, Iron’s drinking was significant factor in both the road rage incident, as well as his Tacoma DUI charge.

Both Iron’s and his girlfriend were transported to Southwest Washington Medical Center for treatment of injuries sustained in the accident.  In addition, police had to restrain Iron’s from attacking a paramedic, and they had to use a taser on him.  Iron’s will also like face significant disciplinary action from the military for his Washington DUI incident.

A drunken driver who crossed Washington State lines into Oregon, where he was arrested and prosecuted, can also be prosecuted for a DUI in Washington, the Washington State Supreme Court ruled.  In January of 2007, Washington State Troopers followed Santiago Rivera-Santos to Portland, where he was arrested for a DUI.  His blood alcohol level was a .17.  He was later convicted of on a charge of DUI in Oregon.

When prosecutors in WA State filed criminal charges for a Washington DUI on Mr. Rivera-Santos, he protested the charge as violating his constitutional rights against double-jeopardy.  In a unanimous ruling, the Supreme Court ruled that since Mr. Rivera-Santos was not being charged with the same crime twice, but for two different charges: driving under the influence in both Oregon and Washington, that his constitutional rights were not being violated.

If Mr. Rivera-Santos is smart, he will retain an experienced Washington DUI lawyer to assist him with his case.  Washington’s drunk driving laws are harsh, even for first time offenders.  What’s really unique about Mr. Rivera-Santos’ case is that this could arguably be his second DUI conviction, even though it’s for his first offense. 

A good WA State dui attorney, however, should be able to argue that the prior conviction should not count against him as a first strike since it occurred as a result of the same incident, or within two hours of the first incident. 

Our offices have been successfully handling and resolving Washington DUI cases now for over a decade, and none of us have ever seen or heard of anything like this before.  For obvious reasons, it’s a very, very unique factor.  But one that indeed created a very interesting question of mixed fact and law.

Shastina Lapping, a 24 year-old woman from Battle Ground, Washington, had her arraignment date set for December 8^th for multiple charges, including a Washington DUI and Vehicular Homicide.  The arraignment for her WA State drunk driving charge is in Clark County Superior Court. 

Last May, Ms. Lapping was driving her Buick when she lost control around a curve, went off the road, hit a tree and flipped the vehicle.  She was treated and released from Southwest Washington Medical Center.  As result of the accident, a Washington DUI investigation was initiated.  Tragically, a passenger in the vehicle, Ms. Emily Buck, died on July 3^rd of blunt-force injuries as a result of the accident.

The two women and some other friends went out for dinner and drinks at the popular Brush Prairie bar and grill, which is located in the state of Washington.  At around 1 a.m. on May 9^th, Ms. Lapping lost control of her vehicle and was involved in the single car accident.

It was reported that she was driving 78 mph in a 50 mph zone, when the accident occurred.  At the hospital, the WA State DUI investigation revealed through an alleged blood sample that Ms. Lapping’s blood-alcohol content was 0.13, this was an hour and a half after the crash.  The Washington State police report inidciates that Ms. Lapping admitted to having several shots of hard alcohol and a beer while at the bar and grill.

Washington’s DUI laws are swift and punishing when someone is injured as a result of an accident caused by a drunk driving.  Ms. Lapping will need an experienced Washington DUI attorney to assist her.  At this point, she has been appointed a Public Defender for her case, and a pre-trial date will be set after her arraignment on December 8^th, assuming that she pleads not guilty at her arraignment.  Ms. Lapping is currently on a supervised release while the case is pending.

Joseph Genovese Jr., a 20 year-old South Philadelphia man, plead guilty to aggravated assault by vehicle and homicide by vehicle while driving under the influence (being DUI).  His sentencing is in April and he is facing a 13 to 27 year prison sentence.

In July of 2008, Mr. Genovese ran a red light while apparently DWI outside of Citizens Bank Park.  In the process, he ran over two St. Louis Cardinal fans who also happened to be school teachers who were attending the game.  The teachers traveled to different ballparks each summer to watch their beloved Cardinals play.  The accident killed Cindy Grassi and severely injured Sandra Wacker.

On his MySpace page, Mr. Genovese had often boasted of alcohol and driving exploits. He even posted about driving in excess of 100 mph on a strip near the ballpark.  If these were a Washington DUI case, this information would probably be strongly considered by Mr. Genovese’s sentencing judge, and it certainly would not hurt him.

Washington DUI law involving situations where a drunk driver kills or seriously injures someone is similar to Pennsylvania law.  If you are DWI in WA State and seriously injure someone, you are will face multiple felony charge and will be going to jail for many years.  Don’t drink and drive in Washington state.

Jerry Hill, an assemblyman from San Mateo, is proposing a 3-strike law that will allow judges to permanently revoke driver’s license for those convicted of a 3^rd DUI in California.  The bill also would allow the Department of Motor Vehicles (DMV) to consider a driver’s complete driving record regarding drunk driving offenses.  Currently, the DMV is only able to research 10 years in the past for drunk driving offenses.

Representative Hill began the legislation after he became aware of two people in his district who have been convicted of DUI nine times, and are still legally qualified to operate a motor vehicle.  Frankly, this is astonishing.  The current Washington DUI laws do not prohibit someone with three DUI convictions from ever getting their license back.

But there are several DUI-related laws, including Washington’s Habitual Offender law, that result in multi-year suspensions if a person is convicted of drunk driving multiple times within a five or a seven year period.  This is one of the many reasons why our Seattle DUI lawyers fight so hard to get every Washington drunk driving charge reduced.

California DMV statistics show that over 34,000 motorists in the state have 3 or more DUI convictions on their records.  Additionally, there are over 154,000 California motorists that currently have 2 or more DUI convictions on their driving record.

A Polk County sheriff’s deputy was arrested for DUI on December 31, when he was found passed out behind the wheel of his idling Jeep.  One of our Washington DUI attorneys recently represented two defendants in cases that were similar.  Incredibly, one of our clients was actually stopped on North-bound I-5 just north of the University District.

According to the officer’s report, the driver was passed out while the car was in drive but their foot was on the brake.  In the other case, the client was alleged to have been sleeping in his car while it was running at a four-way intersection.  According to the Washington DUI arrest report, the passenger was also asleep, and it took several minutes for the responding officers to wake both people.

In the Polk County, Florida case, Deputy James Pruitt, 37, was booked into the county Jail for suspicion of DUI.  He refused a breathalyzer and was reported to have failed the field sobriety tests.  Pruitt, who was hired as a sheriff’s deputy in 1994, is currently suspended without pay, until the investigation of the DUI is completed.