DUI Washington Blog

I ran across a DUI thread on a travel site recently. In it, one of the guests wrote that they were quite concerned about filling out a visa application to China. Should they admit on the application that they had a criminal record because they had been convicted of a DUI?

Some of the participants on the forum advised dishonesty because China doesn’t have the same attitude toward DUI as some countries such as Canada do. Others claimed it didn’t matter because China doesn’t do a criminal background check when your apply for a visitor’s visa. One went so far as to suggest that anyone who was honest belonged to a minority group.

All such advice is ill advice. First, it is important to contact an attorney with experience in dealing with the country and their immigration policies.  In the past, we have found that honesty when dealing with a foreign country is always the best policy. We side with the guest who stated that he/she admitted to the two DUIs on record and included a brief explanation of what had happened. When the visa is approved, you can know that you have no worries that the discovery that you entered false information on your application will come back to cause problems in the future.

You never know where a first visit to a foreign country may lead. The guest with the two DUIs wanted to teach English in China for a year. China issued the visa, despite her DUIs.

While complete honesty about DUIs in your record could result in the denial of a travel visa to some countries, we maintain that honesty is the best policy. Of course, it is best when you enlist the aid of a DUI attorney as soon as possible after you are stopped for a suspected DUI. In many cases, you may be able to avoid a DUI record entirely.

Residents of Washington, especially the Seattle area may turn to Burg Criminal Defense for honest and compassionate DUI attorney services.

Even Over-the-Counter Meds can Cause Drug DUI Trouble

DUI charges aren’t always for alcohol. They can also relate to the suspicion that a driver is under the influence of a chemical substance. Blood work can come back allegedly revealing the presence of marijuana, cocaine, meth amphetamine or some other substance. The drug may be legal, but if it is known to affect a person’s mental or physical capacities, a DUI charge may follow.

We have represented clients who were charged with DUI after using an over-the-counter cold medication. Believe it or not, zealous district attorneys have even sought DUI convictions for drivers whose coffee consumption resulted in a perceived impairment on the part of the arresting officer.

So what does it mean to be “under the influence” of a drug when you are behind the wheel? Most states, including Washington, recognize a drug as something that is capable of affecting the nervous system, brain, or muscles of driver, to the point where it is noticeable and affects a driver’s ability to drive his or her vehicle in the manner that compares to an ordinary driver in similar road conditions.

In Washington State, the Department of Motor Vehicles exercises jurisdiction over both alcohol and drug related DUIs. As part of this state’s aggressive stance against drug DUIs, the state employs drug recognition experts whom the state claims has special training in how to evaluate drug DUI suspects. The opinions of these “experts” are used to prosecute those who are accused of driving under the influence of drugs.

There are seven categories of drugs known to impact the central nervous system (CNS).

1. CNS depressants have a similar effect as alcohol. They slow the brain and body down. Barbituates, tranquilizers and anti-depressants fall in this category.
2. CNS stimulants have an opposite effect as alcohol. They speed everything up. Cocaine, “Crack”, Amphetamines and Methamphetamine (“Crank”) fall into this category.
3. Hallucinogens change the perception of reality. LSD, Peyote, Psilocybin and MDMA (Ecstasy) fall in this category.
4. Dissociative anesthetics cut off the brain’s ability to perceive pain. PCP is the most common dissociative anesthetic.
5. Narcotic analgesics not only relieve pain, they produce euphoria and other mood changes. The most commonly known are Opium, Codeine, Heroin, Demerol, Darvon, Morphine, Methadone, Vicodin and OxyContin.
6. Inhalants are mind-altering gasses that can be inhaled. Toluene, plastic cement, oil-based paint, gasoline, paint thinner, and hair sprays are common anesthetic gases.
7. Cannabis (marijuana) distorts perception and impairs coordination. It also causes difficulty in thinking and problem solving.

If any of these substances are found in a driver’s blood after a DUI, Washington State prosecutors are going to take it very seriously. That is why is so vital to hire a DUI attorney with drug DUI experience. The prosecution is going to seek to prove that drugs impaired the driver’s abilities using the same tools used in an alcohol case, by pointing to circumstantial evidence.

Hire a DUI Attorney with Real Know-how.

When you hire a DUI attorney with real know-how, what might seem damning evidence to you may prove to argue for you. Circumstantial evidence is just that—circumstantial. It doesn’t always prove what the prosecutor wants it to. The prosecution may produce its drug recognition experts, but a DUI drug attorney will have the knowledge needed to point out the loopholes in the testimony.

Proving the level of impairment is still a very inexact science. It depends almost entirely upon the recorded statement of the arresting officer regarding the physical appearance, performance of field sobriety tests, observed driving behavior, incriminating statements and behavior at time of the arrest. There are no standards available.

Blood and urine tests aren’t definitive in many cases as well. While marijuana is usually identifiable, other drugs don’t always leave a clear marker to their identity. It is also worth noting that marijuana remains in the blood for weeks, so testing could falsely accuse a driver of being under influence when he or she isn’t. The mere presence of a drug in the blood or urine does not prove that enough of the drug was taken to cause mental and physical impairment.

How to Handle a DUI Arrest.

If you are arrested for a suspected drug DUI, expect for the arresting officer, or one of Washington’s drug recognition experts to record information about your pupil size, blood pressure, and pulse rate. Expect to have your arms examined for evidence of needle use. You can also expect to be pressured into admitting your drug use. Remember that something as small as admitting you took cold medicine could be used against you, so ask to speak with a DUI attorney before speaking with anyone. The less you say, the better.

Remain polite, yet don’t try to extricate yourself from the situation on your own. There are many reasons for an apparent drug DUI that have nothing to do with the use of a chemical substance. Seek the assistance of a criminal defense drug DUI attorney. It will make a difference for your future.

RCW 46.61.140 informs Washingtonians that there are rules to observe when a roadway has been divided into two or more clearly marked lanes. The law informs us that a vehicle needs to remain “as nearly as practicable entirely within a single lane” and only move out of that lane when the driver has determined that it is safe to do so.

This is interesting wording. It suggests that the Washington State legislature knows that there are road conditions that will make it impossible for a driver to always keep his or her vehicle entirely within a single lane. This was highlighted a few years ago in the case of State v. Prado. Prado had crossed over a lane divider by the width of two tires on a highway off ramp. He was pulled over and arrested.

Washington State’s Court of Appeals  concluded that in Prado’s case, a brief incursion over the lane line did not justify the officer pulling him over for a traffic stop. The Court found that a momentary lapse is not a legitimate basis for a traffic stop.

At the same time, if the officer had noted other traffic violations at the same time or behavior suggesting that the driver was impaired, this would have been a legitimate reason for a traffic stop.

Repeated evidence of weaving back and forth within the single lane may still be considered sufficient reason for an officer to stop a vehicle, but if you briefly cross outside your own lane of travel, Washington’s Court of Appeals has ruled that an officer cannot use this as the sole reason for pulling you over.

If you suspect that you have been wrongfully pulled over for violation of Washington’s lane travel statute, contact an experienced DUI attorney as soon as possible. The attorneys at Burg Criminal Defense have the experience you need to represent you if you are facing a DUI charge.

A review of recent DUI news highlights one of the reasons it is so important to hire a DUI attorney when you are charged with a DUI. Getting charged with a DUI can close the doors to employment as a Forsyth, GA man learned. When he applied for an opening in the City of Macon Fire Department, he found that he needed a driver’s license for the position which included driving the fire truck and ambulances for the EMT unit.

The Decision to Hire a DUI Attorney Saved Job.

He had recently been charged with a DUI which would have stripped him of his driving privileges upon conviction of the charge. Fortunately, he had hired a DUI attorney to represent him. After negotiations with the D.A.’s office, his DUI attorney was able to get his charges reduced to reckless driving. He was able to fill the opening and now has a job.

Paying for a DUI attorney was a wise investment in his future. At Burg Criminal Defense, we invest in our client’s futures by seeking the best possible outcome. We don’t see DUI as proof that our clients are bad people who deserve anything the Courts can throw at them. Rather, we are here to facilitate good people getting past their DUI and getting on with productive lives.

There is hope after a DUI. Burg Criminal Defense is here to help our clients experience that hope.

At the Law Offices of Geoffrey Burg, we work extensively on judicial campaigns because we believe a high quality judiciary is essential to achieving just results for our clients.

Patricia Fulton and Geoffrey Burg are very active in an organization called Citizens for Judicial Excellence. With the other members of this organization, we have spent literally hundreds of hours studying the records of current judges and reviewing the credentials of new judicial candidates. We and our colleagues are in court virtually every day and have an opportunity to observe dozens of judges first hand.

We have endorsed several candidates who are running for election right now, and their names will be on the General Election ballot. We know how difficult it is to cast an educated vote in judicial elections, so we hope you will appreciate our recommendations.

Depending on where you live, you will have an opportunity to vote for one of the following candidates:

Seattle – Ed McKenna is our choice in this race for Seattle Municipal Court Judge. Ed’s opponent, Edsonya Charles, is the incumbent; however, she recently earned the distinction of being rated the worst performing judge in all of King County on a recent Bar Association survey of attorneys. We believe the Seattle Municipal Court is badly in need of improvement, and the people of Seattle deserve better. We recommend Ed McKenna. www.edmckennaforjudge.com

Southwest – If you live in any of the following areas, you can vote for our pick, Susan Mahoney: Burien, Federal Way, Normandy Park, Des Moines, Seatac, Tukwila, or Vashon Island. Susan has been rated Outstanding by the Municipal League of King County and Exceptionally Well Qualified by the King County Bar Association. Her opponent, Judith Eiler, is the incumbent, but has been rated Not Qualified by the Bar and was recently suspended from office by the State Supreme Court. Again, we believe the citizens deserve better. We recommend Susan Mahoney. www.mahoneyforjudge.com

Southeast – If you live in the southeastern part of King County, you can vote for Matt Williams, who is our overwhelming choice in this district: Kent, Renton, Auburn, Black Diamond, Maple Valley, Covington, Algona, Pacific, and Enumclaw. Matt has an unmatched level of legal experience as a prosecutor, trial practice professor and a nationally known expert on courtroom procedure. We are fortunate Matt wants to serve South King County as a judge, and he has been rated Exceptionally Well Qualified by the King County Bar Association. We recommend Matt Williams. www.electmattwilliams.com

Northeast – If you live anywhere on the Eastside, you can vote for John O’Brien: Bellevue, Issaquah, Sammamish, Redmond, Snoqualmie, North Bend, Fall City, Duvall, Bothell, Yarrow Point, Woodinville, Carnation, Mercer Island, Kirkland, Medina, Hunts Point, Clyde Hill, and Newcastle. John has been an outstanding trial lawyer and community leader on the Eastside for 29 years. He has also been endorsed by former Governor Gary Locke and Supreme Court Justice Tom Chambers, also an Eastside resident. We recommend John O’Brien. www.johnobrienforjudge.com

Once in a while we see a DUI case that would provide a real laugh if we didn’t represent DUI clients. The story of one creative Minnesota man is just such an example. After having his driver’s license revoked for DUI, a Proctor, Minnesota man turned his La-Z-Boy recliner into a motorized vehicle.

The man powered his recliner with a lawnmower engine, added a steering column, and decked the chair out with a stereo, cup holders and headlights so he didn’t have to make the trip to the bar on foot or call a cab. Unfortunately, when he left the bar, he had trouble maneuvering his makeshift transport and crashed into one of the cars in the parking lot.

Police estimated that the recliner had the ability to top out at 15 – 20 miles/hr. They confiscated the powered chair and arrested the man for DUI, despite his pleas that they give him a break.

Fortunately, the man’s six month jail sentence was stayed along with half of the $2000 fine on condition that he stay under supervision for two years and participate in a chemical dependency assessment, agree to random testing and 30 days of electronic monitoring.

We can only wonder if this man who does auto body repair work out of his home will get any orders for motorized recliners. Possibly not. The story goes on.

DUI Recliner goes on E-Bay.

When the Proctor Police Department put the motorized recliner up for auction on E-Bay, La-Z-Boy called in its trademark rights. Bidding had already reached $43,700 when the manufacturer took exception to the Police Department’s description of what it called a glorified lawn mower, not a La-Z-Boy. When relisted using verbiage La-Z-Boy would accept, the bidding only went up to $5000.00.

So the man who lost his chair to police impound may, in the end, have gotten the last laugh. He was able to auction photographs of himself in his chair on eBay. Who knows how many he was able to sell?

This story makes us wonder if we’ll be seeing motorized wheelchair or lawnmower DUI’s in the future. If a man can be arrested for DUI because he lost control of his motorized recliner, where will the line be drawn? Really, how much damage could the man have caused? Somehow this whole story reeks of justice run amok, a police department needing to make an example.

Keep DUI Laws in Perspective

As DUI attorneys, Burg Criminal Defense agrees that DUI laws should exist to protect lives first. Protection of property is secondary. The driver of this tripped out recliner posed little threat to other’s lives, and minimal threat to property.  We can only hope that the police departments in the greater Seattle area would have a better sense of humor.

The story of Megan Thompson is the kind of story DUI attorneys like to hear. A 19-year old woman, raised in a good home, did something foolish in 2002—she disobeyed her parents by drinking a few beers and taking some Xanax at a party. Then she got behind the wheel of her parent’s car.

On the way home, she passed out, veered into oncoming traffic and the rest is history. Two lives lost, yet Thompson’s life has arisen from the wreckage. What once was a dream of becoming a trainer at Sea World has become a passion for reaching out to young people like herself.

DUI sentence gives woman a new direction in life.

Thompson spent four years in prison on vehicular manslaughter charges. It changed her purpose in life. She says that the guilt for what she did is a companion that never leaves her. Yet, she is determined to let that companion give direction to her life. She met women in prison whose childhoods were beyond comprehension. It led her to a new career goal—social worker.

The judge who sentenced her has played a role in encouraging her. He sees Thompson as a poster child for good people who have made “really bad choices.” He keeps a drawing Thompson sent him of her wearing a suit of armor. She based her drawing on a passage in the Bible that calls for Christian’s to wear the full armor of God. It is something she intends to remember to do far beyond the end of her parole in December 2011.

DUI charge is not a conviction.

At Burg Criminal Defense, we look at all of our DUI clients as good people. People make mistakes, including DUI. It is our goal to do what we can to make the consequences for a DUI arrest as fair as the law allows. We are on your side. If you are arrested for DUI in the greater Seattle area, contact the DUI attorneys at Burg for compassionate, experienced DUI attorney representation.

An increasing number of states are looking at enhanced patrols as a means of reducing traffic accidents. Within Washington State, these patrols are often called Seatbelt Patrols. Since 2006, Washington State Patrol and other law enforcement entities routinely conduct nighttime patrols at exits leaving state highways and interstate freeways.

Catching DUI drivers not reason for nighttime seatbelt patrols

At least that is what Washington State Patrol claims. State Patrol gives a specific reason for nighttime enforcement efforts. Statistics show that when vehicle accidents happen at night the death rate is at least four times higher than the daytime rate. State patrol has discovered something else as well—a nighttime unbuckled motorist is more likely to have a criminal record, more likely to have traffic violations, and more likely to caught for a DUI. Those nighttime seatbelt patrols allow police officers to pull you over for failure to wear a seatbelt.

Be on your guard. Not only can you be ticketed for failure to wear your seatbelt, you could also be asked to perform sobriety tests if an officer suspects that you are driving under the influence (DUI) of alcohol or drugs. If you are asked to perform one of these tests, or to take a breathalyzer test, ask to speak with an attorney first. A DUI attorney will advise you to not take any of these tests, except for the breath test once you reach the police station (which we typically suggest that people take). If the police officer tells you that your license could be revoked, or other frightening things, calmly let him/her know that you are following the advice of your DUI attorney. This is the best way to retain all of your rights.

Burg Criminal Defense’s DUI attorneys have many years experience with DUI law. Our practice is centered primarily in the greater Seattle metropolitan area, though we are licensed to practice law anywhere in the state of Washington.

DUI Attorney Advises Washington ILL Holders to Not Take Risk Renting Car Without Ignition Interlock.

A client of ours is required to have an ignition interlock license in Washington State. He is a resident of Washington State, but business travels take him around the country.  He recently asked this question:  Can I rent a car out of Washington State if I have an ignition interlock license issued by the State of Washington? Unfortunately, the answer is complicated, but worth sharing.  The current law in Washington State, RCW 46.20.720(3), in effect to December 31, 2010, reads as follows:

(3) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock device if the person is convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance.

The department may waive the requirement for the use of such a device if it concludes that such devices are not reasonably available in the local area. The device is not necessary on vehicles owned by a person’s employer and driven as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person’s employment requires the person to operate a vehicle owned by the employer during working hours.

Under this current law, I don’t think there is any exception for rental vehicles driven out of state for work.  It is my legal opinion that driving a rental car without an IID on it would be a violation of the law.  Some attorneys I know have argued that it is not a violation since it would fall under the work exception.  Remember, even the work exception requires a declaration from the employer saying that the vehicle is being driven for work.

The current law was amended in the last legislative session. SSHB2742 now specifically excludes having an ignition interlock system on vehicles rented for work.  This new law will take effect on January 1, 2011.   The language of this bill is:

… an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person’s employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person’s employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person’s employment requires the person to operate a vehicle owned by the employer or other persons during working hours.

When this law takes effect on January 1, 2011, people will be able to rent cars without an IID on them.

It is an entirely different question as to whether or not a rental company will rent a vehicle to someone with an ignition interlock license.  Again, under Washington State law anyone with an ignition interlock license can rent a vehicle beginning January 1, 2011.  However, because rental companies are private companies, each rental company has the right to determine whether or not to actually allow you to rent a vehicle.  I have not had a client tell me that they were unable to rent a car with an ignition interlock license, even under the current law (nor have I had a client tell me they could).    However, I just had a client who was turned down by Enterprise because she had a hole in her license (even though she had not yet been suspended).

As you know, the clerks and managers at the front desk of rental car companies all act differently. Car rental companies may have different policies at different branches. Without calling the specific branch, there is no way to tell whether your ignition interlock license will create difficulties or not.

When you call the car rental company, be sure to ask for the branch manager. Get the name and record the time of your call. This will help you if you find yourself facing an uncertain employee when the manager has stepped out.

A forum posting on Prairielaw.com brings up a very important question. Should Washington consider instituting a lifetime Driver’s License Revocation for drivers that have been convicted of DUI four or more times? Other states have gone this route. Should Washington follow suit?

At Burg Criminal Defense, we feel that this is a harsh sentence that is unworkable in today’s society.  Life without a car is virtually impossible in Washington State.  A man we will call Frank states on the Prairielaw forum that he has been totally sober for the past seven years. He admits that he went through a divorce and job loss that sent him to the bottle at the time he received his fourth DUI in Florida. Fortunately, he was never involved in an accident and in the seven years before he finally gave up drinking entirely and the seven years since that, he has never tried to drive a car. He feels that 14 years without a driver’s license is adequate punishment for his four DUIs.

We would agree. Frank is now actively involved working with alcoholics and drug addicts and trying to prevent others from driving under the influence of both alcohol and drugs.

Frank rightly points out that there are many forms of addiction, and stiffer punishment doesn’t always lead to the right behavior. Denying a driver’s license doesn’t necessarily keep a person from getting behind the wheel. In fact, it can cause someone to feel that all hope is lost. Irrational laws can create irrational behavior.

There are better DUI solutions than revoking driving privileges for life!

If someone has a drinking problem, ignition interlocks and other monitoring measures make far more sense than revoking driving privileges for life.

We at the Law Offices of Geoffrey Burg believe in hope. We have it for every one of our clients. If you have been charged with a DUI in Washington, we will represent you with compassion and experience. If you need help with treatment, we can point you in that direction while still defending your legal rights.  If you are not in need of treatment, we will steer you in the correct direction.  Under either situation, there is no lifetime ban for driving in Washington State. We are committed to keeping it that way.