Can I take a blood test instead of a breath test?
November 28th, 2009
When a person is arrested for a misdemeanor DUI and taken to the police station the police will usually ask: “Will you take the breath test?” The answer to this question can greatly influence the complications that will arise from the DUI arrest,…
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Seattle DUI - Refuse a Breath Test at your Peril
September 10th, 2009
Our Implied Consent Law states that an individual under arrest for a misdemeanor DUI in Washington state has the “right” to refuse to submit to a breath test. Most citizens know this, and, on average, probably less than 20% of those arres…
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Forced blood from DUI arrestee results in lawsuit.
September 5th, 2009
WLWT-TV reports that a Lawrenceburg, Indiana man has filed a lawsuit against the police asserting that police forcibly drew blood and urine from his body during a drunk driving arrest. According to the report, a 53-year-old man was arrested on suspic…
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Seattle DUI-Can Police Force You To Take a Blood Test?
June 12th, 2009
Most people don't know that if you refuse to take a breath test, in Seattle the police can telephonically apply for a search warrant and force you to give blood.
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Authors Revise the Book "Defending DUIs in Washington State"
January 14th, 2009
The latest revision to the lawyer's manual "Defending DUis In Washington" is to be released in February 2009. The revision contains textbook-like treatment of the law and science of breath testing and also examines the procedure known as Drug Reco…
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Forty Years of DUI Legal Precedent Erased?
November 29th, 2008
I read somewhere recently the phrase: “The law is supposed to serve as an anchor under shifting political seas.” This comment struck me as profound in light of the published opinion of the Court of Appeals, Division II. As lawyers, we rely on est…
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Washington State Blood Tests Are Subject To Challenge
November 29th, 2008
It seems that drug based DUI cases are on the rise and every year I see more and more of these types of cases. In a drug based DUI, Vehicular Assault or Vehicular Homicide case the blood test is critical evidence, yet it is subject to a motion to sup…
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Categories: DUI Arrests