Olympia DUI Lawyer Blog

The Washington State Supreme Court ruled in City of Seattle v. St. John
that police can obtain a warrant to perform a blood draw on a DUI suspect even after that suspect refuses a blood alcohol content (BAC) test. The court ruled that neither the implied consent statue, due process, nor equitable estoppel preclude an officer from seeking a search warrant. Justice Owens authored the opinion, joined by all but the two dissenters: Justice Sanders and Justice Johnson.

People make mistakes. Clients often come to me horrified that they have been charged with a DUI. I tell them that good people can make mistakes. Perhaps they will be more inclined to believe me when I tell them that a nun from Long Island was charged with DUI after crashing her church's van into a tree. She registered a BAC of .18, over twice the legal limit. An open container of alcohol was found in her church vehicle. Anyone, simply anyone, can make a mistake.

Recent headlines regarding the Cleavland Brown's Donte Stallworth's DUI manslaughter conviction have been centering around his apologies for the crime. Stallworth, who struck and killed pedestrian Mario Reyes while driving drunk with a blood alcohol content (BAC) of .126, served 24 days in jail. Upon his release from jail, he has to now serve 2 years of home confinement. Stallworth will now be able to leave his house to go train with coach Pete Bommarito, even though he is not technically employed with the NFL. (Typically, in Washington, defendant's who are on "house arrest," or electric home monitoring, are allowed to leave their homes to attend work.)

Compare that to local Thurston County resident Karen Lynn Clark, who pleaded guilty to vehicular homicide yesterday in exchange for a 30 month prison sentence. I am sure Clark would have greatly preferred 24 days in the county jail followed by 24 months of staying at home- let alone a home as nice as Stallworth's.

A man in Kansas City was taken to the hospital for blood tests after being arrested on suspicion of DUI. At the hospital, the man stole an ambulance and attempted to flee the scene. Law enforcement chased the man for almost an hour prior to laying down stop sticks. The chase ended after the suspect ran into a pole, causing damage to the ambulance. Even after the crash, the suspect still tried to flee, but was apprehended after being bit by a police dog.

In Washington, upon arrest for suspicion of DUI, an officer will offer the suspect a breath or blood test. You may refuse the test if you choose unless the officer gets a warrant authorized by a judge to perform a blood draw. Refusing a breath test has serious consequences including potential loss of a driver's license and higher mandatory minimum jail time and fines if ultimately convicted of DUI.

Seattle Seahawk Owen Schmitt pleaded not guilty to DUI last week. Schmitt was cited for DUI on June 20, 2009. His blood alcohol content is alleged to register .151 and .161, twice the "legal limit" in Washington. Schmitt is scheduled for a pretrial hearing in Black Diamond Municipal Court within the next month.

If convicted as charged, Schmitt would face a mandatory 2 days in jail or more if he has prior DUI convictions. Beyond the mandatory minimum jail time, a DUI conviction carries a mandatory chemical dependency evaluation along with follow up treatment, as well as attendance at a victim's impact panel in which speakers discuss how their lives were impacted by a drunk driver.

Those charged with a DUI typically ask if they can enter into a deferred prosecution to avoid having a DUI on their record. Deferred Prosecutions are technically a way to avoid DUI conviction, but they involve a lot of work and a steep time commitment. To enter a deferred prosecution, one is required to obtain a drug and alcohol evaluation in which the substance abuse counselor must determine he or she is an alcoholic. That person must then submit to two years of treatment, including weekly AA meetings, weekly group meetings with a counselor and individual treatment sessions. Prior to a judge allowing someone to enter into a deferred prosecution, the defendant must admit to the court that he or she has a substance abuse problem that resulted in the DUI charge. If the court grants the petition for a deferred prosecution, the defendant must attend two years of treatment, and must not obtain any new law violations for 5 years among other requirements. Upon successful completion of a deferred prosecution, the DUI is dismissed from one's record.

Though technically "dismissed" a successful deferred prosecution still counts as a prior DUI and impacts one's mandatory minimum sentence upon conviction of a DUI in the future. In Washington, a second DUI within 7 years carries a mandatory minimum sentence of 30 days in jail and 60 days on electric home monitoring or 45 days in jail followed by 90 days of electric home monitoring, depending upon blood alcohol content (BAC).

Continue reading "DUI: Why Enter a Deferred Prosecution?" »