Olympia DUI Lawyer Blog

What happens to your driver's license if you plead guilty to an amended charge of reckless driving or a negligent driving 1rst degree from DUI? In Washington, when you get pulled over for a DUI, the police officer faxes the report he or she creates to the department of licensing. if you blow above the legal limit of .08 or refuse the breath test at the station, the department of licensing will send you a letter stating that they will suspend your license 60 days after the date you get pulled over. If you do not contest that suspension by requesting a hearing, your license will automatically become suspended on that date. If you end up pleading guilty to an amended charge of Negligent Driving in the First Degree, you will face no additional license suspension other than the administrative suspension. If you plead guilty to Reckless Driving, you will face an additional 30 day license suspension on top of the original administrative suspension. It is important that you talk to a qualified DUI attorney who can help you with the specific facts of your case.

In Olympia, Thurston County District Court began a new program last week aimed at helping veterans who wind up in legal troubles. The new Veterans' Court focuses on providing vets who suffer from post traumatic stress disorder (PTSD), traumatic brain injury(TBI), and other problems associated with recovering from the trauma of war with the necessary treatment and support. The veterans in this court wind up with legal troubles, such as assault or domestic violence charges as well as DUI. Rather than merely punishing the behavior in the form of jail time, this program seeks to get defendants out of jail sooner and get them them hooked up with mental health and chemical dependency treatment. The court meets weekly and serves as both a support group for the vets as well as a way to monitor participants' progress. If participants re-offend or stop doing their treatment, Judge Buckley, the veteran court Judge who is a former JAG member and the son of a veteran, has the ability to impose sanction up to making the participants serve the remainder of their suspended sentences.

This program was spearheaded by members of Thurston County's Mental Health Court as well as local public defender Alex Frix, who is the son of a two star general. While growing up, Frix saw the impact that PTSD had on this father and other military members and families, and recognized the need for this specialized court during his representation of veterans charged with crimes in the county. Though veterans previously had the ability to enter mental health court, that court presented some problems for veterans. I previously represented a veteran charged various domestic violence crimes in Thurston County District Court who suffered from both PTSD and TBI. In that case, the prosecutor would not agree to allow my client entrance into mental health court, which is a requirement prior to the Judge allowing entry. The prosecutor felt that though my client suffered from mental health issues, mental health court was not appropriate as this prosecutor viewed veterans mental health problems as different than those defendants who typically wind up in mental health court. Beyond the hurdle of getting prosecutors to agree on mental health court, veterans too often often don't want to enter that court due to the stigma of suffering from mental health problems. Hopefully, now that Thurston County has a court tailored towards veteran specific mental heath issues, veterans can seek comfort in knowing that others who have gone through comparable combat situations have developed similar mental health problems.

Seattle Seahawk Owen Schmitt, who was arraigned on a DUI charge earlier this month pleaded guilty to an amended charge of Reckless Driving this week. Schmitt was sentenced to various terms imposed on every dui conviction including alcohol assessment and follow up treatment as well as a victim's impact panel. Schmitt will also have to perform 24 hours of community service and pay $2,130. Reckless driving does not carry the mandatory jail time that comes with a DUI conviction. It does, however, carry a 30 day license suspension in addition to any administrative suspension the department of licensing imposed upon initial arrest.

Washington State Patrol officers working out of the Olympia airport are now using airplanes to catch DUI and Reckless Driving suspects. When callers speak with 911 representatives, the 911 worker contacts the operator of "Smokey 3," a plane used by Washington State Patrol. The plane's operator calls the complaining party, and uses the information provided by him or her to track down the suspect vehicle and relay the vehicle's location to law enforcement on the ground. Beyond just tracking down location, Smokey 3 is also equipped with a gyro-stabilized video camera attached to the side of the aircraft. It's called a Forward-Looking Infrared or FLIR camera. According to an NPR article, the camera is "similar to ones used by the military, it has night-vision capabilities and can lock-in on a vehicle zipping down the freeway." The camera records the driver, and prosecutors then have access to these recordings to use against DUI suspects in court. 911 dispatch also has access to the driving the camera records, and relays what he or she sees to law enforcement on the ground. This cutting-edge technology is not cheap. Washington did not have to pony up for this capability out of our budget as Uncle Sam picked up the several hundred thousand dollar bill in the form of a Homeland Security Grant. Washington State is currently the only state that utilizes this technology to apprehend drunk drivers.

In Olympia, The Washington State Supreme Court, in a unanimous opinion, reinstated a $14 million award in a DUI case.

The plaintiff in the case, Bianca Faust, sued The Bellingham Moose Lodge and Alexis Chapman a bartender of the lodge, as well as the Estate of Hawkeye Kinkaide. Kincaide, who was Alexis Chapman's boyfriend, drank at the Bellingham Moose Lodge where he was served by Chapman. There was evidence that had not consumed alcohol prior to arriving at the tavern and that at the time of the collision he was above the blood alcohol content (BAC) legal limit. When he drove away from the lodge, he collided with a car driven by Bianca Faust. The impact killed Kincaide, paralyzed Faust's minor son and injured Faust.

The Appellate Court overturned the $14 million jury award for injuries sustained to Faust and her family. The issue in the case related to the type and level of evidence required to prove that a tavern's bartender(s) negligently continued to serve drinks to a visibly intoxicated patron. The Supreme Court unanimously ruled that evidence sufficient to submit the issue of negligent overservice to a jury may be either direct or circumstantial and that evidence of BAC and autopsy reports can corroborate evidence of postservice appearance and support an inference that a defendant appeared under the influence at the time he was served.

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.

Stars of two popular 70's sitcoms were cited for DUI within the last week. Eddie Mekka, better known as "The Big Ragoo" Ragusa on Laverne and Shirley was arrested on suspicion of DUI after a car accident in Las Vegas last week. Mekka's arrest occurred one day prior to Joyce Dewitt's citation for DUI. Dewitt, who played Janet on Three's Company, was arrested for DUI on the 4th of July after driving through a barricade in El Segundo, California. What would Mr. Roper think?

On a more serious note, celebrity DUI arrests, though sometimes voyeuristically entertaining, serve as a reminder that DUIs happen to people from all walks of life. It is important to consult an attorney when charged with DUI to ensure that you receive every protection available to you under the law. DUI convictions have serious, long term impacts, including mandatory jail time and a license suspension, and are are not to be taken lightly.

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?" »

Those convicted of DUI in any state could be required to install an ignition interlock device in any their vehicles if the pending highway bill supported by Mothers Against Drunk Drivers(MADD) passes. An ignition interlock device attaches to a vehicle, and requires drivers to blow into the device before starting the vehicle. If more than a predetermined amount of alcohol is detected on the driver's breath, the car will not start. Ignition interlock devices also require the driver to blow into the device at various times while driving to ensure that someone other than the driver does not blow into the machine in an attempt to bypass the driver's BAC level requirement. Blowing into an ignition interlock device for another is a crime in Washington State.

Though highway bills are not mandatory on the states, if a state chooses not to adopt the bill it will not receive highway funding from the federal government. Highway bills and the money that comes attached to adopting them resulted in every state adopting the national drinking age of 21 and the blood alcohol content (BAC) limit of .08.

In Washington State, those convicted of DUI are currently already required to apply for an ignition interlock device license with the department of licensing. Those charged with DUI who are pending trial may choose to get an ignition interlock device license during their administrative license suspension period, which often occurs prior to resolution of the criminal case.

The law in Washington requiring those convicted of DUI to apply for an ignition interlock license applies to first time offenders, regardless of BAC level and lack of criminal history. In Washington, one can be convicted of DUI even if they have a BAC below the legal limit of .08. The government need only prove that someone drove a motor vehicle while "under the influence" of alcohol, which Washington law defines as affecting one's ability to drive by "any appreciable degree." Thus, prosecutors charge DUIs in cases where a person's BAC is below the legal limit, rendering the numerous "don't drink and drive, .08 legal limit" signs misleading and devastating for those who consume a small amount of alcohol and get into an accident on the way home from a restaurant. DUI in Washington State carries a mandatory minimum of at least 1 day in jail and a fine of at least $866 dollars, among numerous other mandatory requirements.