A new DUI breath testing machine for Washington State?

Washington State is slowly moving forward with plans to deploy new DUI breath testing machines. The state has already purchased a number of machines, the Draeger 9510, and is in the process of testing them before deploying them to be used in actual D… Read More
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Why don't police videotape DUI arrests?

Whenever you see a DUI arrest documented on one of the police television police shows, there is always a videotape of the driving, the field sobriety tests, and other parts of the processing. Sometimes, the video also includes the actual breath test.… Read More
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DUI Police Reports - Real or Canned?

Every Washington State DUI arrest should be well documented in a DUI police report. DUI police officers receive special training in report writing so that they can testify fully when a DUI case is litigated in court. In past years, we have seen a few… Read More
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Failing a DUI Field Sobriety Test but not drunk

One of the “standardized” field sobriety tests routinely given in a Seattle DUI arrest is the “eye test” otherwise known as the test for Horizontal Gaze Nystagmus. In this test, the DUI arresting officer looks for “bounc… Read More
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Why Aren't All DUI Arrests Videotaped?

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… Read More
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Grading Field Sobriety Tests: "Fail" equals Jail.

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… Read More
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Did You Pass the DUI "Eye Test?"

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… Read More
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Debunking the DUI "Eye" Test

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… Read More
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Proof of "Consent" in DUI Trials Required for FST

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… Read More
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Court Restricts Use of Field Sobriety Tests

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… Read More
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