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.

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.

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.

Family Loyalty Lands Three Month Jail Sentence

Just a few days ago, a Sarasota, Florida man was sentenced to three months in jail for refusing to testify that his brother had been the driver in a DUI accident that resulted in the death of one of the passengers in the Ford Pickup truck he had allegedly been driving. He had already spent 10 days in jail for contempt of court.

The judge was not swayed by the testimony of numerous witnesses that the Sarasota man did not deserve to be sentenced for doing what he felt was right. One of the witnesses included the father of the man who died in the crash. She commended the man for his convictions and sentenced him to jail time anyway.

The Court is pressuring the man to speak against his brother because unless he does so, the state prosecutor cannot bring manslaughter charges. The state has to prove that the man who had BAC blood levels nearly 3 times than allowed by Florida law was the actual driver of the wrecked vehicle. Without his brother’s testimony, the state’s case is destroyed.

Another passenger in the truck at the time of the accident reports that he doesn’t remember who was driving. All he knows is that a deer jumped in front of the pick-up, and the driver lost control swerving to avoid it. The question remains, “Who was the driver?”

Washington State DUI Laws—Refusing to testify can mean jail time.

The law in Washington is similar. You can serve jail time for refusing to testify. And the prosecution must prove the identity of the driver in order to successfully prosecute a DUI manslaughter charge. If there is any question as to who the driver was, the DUI attorneys at the Law Offices of Geoffrey Burg will work to protect the rights of our clients.  We are dedicated to a vigorous defense of our client’s constitutional rights.  We do everything within the law and our ability to make sure that our clients get the best possible outcome for their DUI charges.  It is for this reason that we regularly speak at seminars, work with the legislature, and keep abreast of all changes in the law.

Are Courts interested in justice or convenience when hearing DUI cases?

So far in Washington State, we have seen a strong emphasis in our courts to value justice above convenience. It is one of the things demonstrated by the judges in King County who refused to allow breathalyzer results into the courtroom because of problems in the State’s testing labs. (See DUI Breathalyzer Test Results April 3, 2010).

These judges ruled upon the flaws in the breath testing maintenance procedures in Washington State, which has helped disability attorney’s in their practice of helping achieve justice for people accused of DUI in Washington State.. As of this writing, many judges in King County District Court are still excluding these breath tests.

The science that could eliminate some DUI cases

Recognized experts in the programming used in alcohol breath machines testify that breathalyzers are programmed to assume the person breathing into the machine already has 2100 parts of alcohol for every 1 part it measures in a person’s breath. Blood work has shown that some individuals actually have a ratio of 1500 parts of alcohol for every 1 part on the breath. People show wide variances in how much alcohol they release on their breath.

A change in alcohol to breath ratio can mean a driver was not DUI.

A simple change in ratio makes the difference between being over the legal limit of 0.08% BAC and being below the legal limit. For example, the 2100:1 ratio equals a BAC of 0.10%. A ratio of 1500:1 drops a person’s BAC to 0.07%. The person who releases alcohol at a 1:1500 ratio expels more alcohol naturally each time they exhale.

If you are one of these unfortunates, you may be facing a DUI charge. This is one of the primary reasons we encourage drivers to respectfully ask to speak with an attorney instead of taking a breath test. The tests are just too inaccurate.

At Burg Criminal Defense, we assist drivers who have been charged with a Washington DUI. It is our firm conviction that you deserve to move past your DUI arrest with as clean a record as possible. We have helped many drivers retain their rights. We would like to do the same for you. Please contact us for impartial and compassionate DUI legal assistance.

One of the hard aspects of a DUI attorney’s practice is that it is not uncommon to have to do a sentencing in front of a judge.  While most of our client’s face reduced charges, we do have to face the reality that some people will be convicted of DUI.  When this happens, we make sure it is not without a fight.

DUI Sentencing Follows DUI Conviction

After a conviction of DUI or any other crime there is a sentencing.  This is a vital part of the case, for it is at sentencing that many things can happen – jail can be imposed or suspended, fines can be given, licenses may be suspended, community service can be ordered, probation can be imposed.  One of the things that we do at the Law Offices of Geoffrey Burg, LLC to help our clients is keep informed about the judges around the county and up to date on their practices.

New Judges in Bothell and King County to Issue DUI Sentences

As of January 22, the city of Bothell swore in a new judge, Michelle Gehlsen. On February 22, the Metropolitan King County Council appointed Marcine Anderson as the new judge in the county’s Shoreline District Court and Michael Finkle as the new judge in the Northeast Division of King County District Court. With all these new judges, you may be wondering what impact this will have on DUI sentencing in King and Snohomish counties.

All three of these judges have solid experience. We can expect them to exercise the same judicial discretion that other judges in King and Snohomish counties exercise.

What is judicial discretion and why is it important if I am arrested for DUI?

Judicial discretion is the right of a judge to waive or suspend jail terms and fees during DUI sentencing. A judge may choose to balance public service in lieu of jail time. The judge unfortunately has no control  over the suspension of driving privileges. Even though the law may not mandate an alcohol treatment program, a judge may include an alcohol evaluation and follow-up treatment at sentencing.

When determining a sentence, we have found that most  judges use two variables in determining how to sentence DUI drivers. They look at blood alcohol content at the time of arrest (whether or not it has been suppressed or thrown out) and the prior criminal history, particularly, prior DUI arrests.

How much impact each of these factors plays varies from judge to judge. It will also depend on the particular facts and circumstances of the case.

Other factors judges consider when determining DUI sentences.

Judges also consider other factors when considering what the DUI sentence will be. The two biggest factors are deterring future DUI and protecting society from future DUIs.

What does this mean for a DUI driver in King or Snohomish Counties?

If you are arrested for DUI in King or Snohomish counties, you can expect that the judge may only review your file for a few minutes. Most commonly this is at a sentencing hearing.

Does this seem like a short time? When a judge has been sitting on the bench for several years, they become very efficient at reading court documents. Of course there is the risk that something will be overlooked. That is why hiring an experienced DUI attorney is so important. It doesn’t matter if your DUI charges arise in King County or Snohomish County, good DUI representation is vital for the best outcome. Contact the Law Offices of Geoffrey Burg for the kind of Washington DUI representation you need.