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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Justice Sotomayor's DUI Decision
May 27th, 2009
Every decision by U.S. Supreme Court justice nominee Sonia Sotomayor is currently being scrutinized by interested parties, but there is only one decision by judge Sotamayor that deals specifically with DUI. The case arose out of the City of New York…
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Is Information About Your DUI In The WSP Database?
May 24th, 2009
Whether it is a Seattle DUI, Bellevue DUI, or a DUI anywhere in Washington state, certain information is kept in a huge database kept by the Washington State patrol pertaining to the administration of the breath test. The DUI breath test machine in W…
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Categories: DUI Arrests
Why Aren't All DUI Arrests Videotaped?
May 16th, 2009
In past years it was common procedure for Washington State DUI arrests to be recorded on police video. Jurors have come to expect this, based upon TV shows such as “Cops.” Video recording a DUI arrest is good public policy because the video const…
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Categories: DUI Arrests
Grading Field Sobriety Tests: "Fail" equals Jail.
May 5th, 2009
Every DUI stop, whether a DUI in Seattle, Bellevue, King County, or a DUI stop elsewhere in Washington State, is likely to involve field sobriety tests. Most people submit to the field sobriety tests on the assumption that (1) they are required to ta…
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Did You Pass the DUI "Eye Test?"
May 2nd, 2009
Most people are familiar with the “usual” balancing and coordination field sobriety tests that are given to a driver who has been detained on suspicion of DUI. These tests include “walking the line,” balancing on one leg, and sometimes the fi…
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Ambien Overdose Leads to DUI Conviction
April 18th, 2009
Whereas it is well known that driving while impaired by alcohol is against the law, the law also criminalizes driving while under the influence of drugs. DUI/drugs can be accomplished with legal, prescribed drugs that impair the ability to drive. DUI…
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Debunking the DUI "Eye" Test
November 29th, 2008
In February of this year, the long anticipated decision in State v. Baity, 140 Wn.2d 1 (2000) was published and the battle over the admissibility of Horizontal Gaze Nystagmus (HGN) was thrust to the forefront. HGN is the side to side jerking of the e…
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Proof of "Consent" in DUI Trials Required for FST
November 29th, 2008
DUI defense attorneys in Washington State have been arguing for years now that field tests require some level of consent. Although the higher courts have repeatedly agreed that field tests are voluntary, they have offered no guidance in determining w…
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Tags: Admissibility, Consent, Drunk Tests, DUI Defense, Evidence, Field Sobriety Tests, FST, RCW, Seattle
Court Restricts Use of Field Sobriety Tests
November 29th, 2008
For years DUI defense lawyers in this state have tried to convince judges that field sobriety tests must be conducted in compliance with the guidelines established by the National Highway Traffic Safety Administration (NHTSA). Given NHTSA’s bright…
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