Category: WA DUI News

This summer the United States Supreme Court ruled on an issue of significance for WA DUI cases involving blood alcohol analysis.

The 6th Amendment contains what is referred to as the Confrontation Clause. The Confrontation Clause is one of many guarantees or constitutional rights that uniquely forms what is considered a fair trial. This clause requires that Defendants have the ability to confront those who accuse them of criminal acts.

In Bullcoming, the case referenced, the court determined that defendants are guaranteed the right to cross-examine and confront the specific lab technician who analyzed their blood for the purposes of determining BAC (blood alcohol content). In this case, the State did not bring in the lab technician who analyzed the blood sample of the defendant (Bullcoming), but instead brought in a second lab technician. The court ruled that the actual technician would be required to testify based upon the following reasons:

• Risk of human error
• Requirement that all administrative procedures were actually followed by the technician
• Requirement of good analytical practices
• The actual technician must understand the science behind the testing

It is imperative that a knowledgeable WA DUI attorney be informed and up to date on all important and relevant case law relating to the practice of DUI defense. New case law such as the above can be extremely beneficial to a client in the defense of their WA DUI charges.

There is a recent legal issue that may enable King County DUI attorneys to have success with contesting the validity of DUI search warrants. Currently, Seattle Police Department (SPD) officers obtain search warrants for DUI blood samples (after a DUI suspect refuses to give a breath test sample) via email. With this “procedure”, there is no sworn, recorded testimony or affidavits submitted to a judge. Instead, an informal, brief telephone call and editable Microsoft Word documents are exchanged through email. In the specific case next referenced, the emails did not refer to the telephone calls at all. This “procedure” has been found by a Seattle Municipal Court judge to not comply with the applicable court rules. This resulted in the suppression of a DUI blood test result in that particular case. A competent, experienced King County DUI attorney can identify and effectively argue issues such as the ones above.

King County District Court judges recently ruled that DUI breath tests results are now admissible again. DUI breath tests have been suppressed since 2007 due to failures in the WA State toxicology lab in preparing simulator solutions in a way that is generally accepted in the scientific community. According to the courts, these inequities have been remedied. However, there are still simulator solutions that are being used that fall under the old ruling and those DUI breath tests can still be suppressed. It is important to hire a DWI attorney who is up to date with all the current decisions of the courts in varying jurisdictions of WA, including the Tacoma, Pierce County, and Puyallup jurisdictions. Cristine Beckwith is a Tacoma DWI attorney who prides herself on being on the cutting edge of WA DWI defense.

Governor Gregoire just signed into law SSB 5168, which changes the maximum sentence for WA gross misdemeanors from 365 to 364 days. This is critical for DUI defendants who may have immigration consequences, since DUIs are gross misdemeanors in WA. Previously, the 365 day sentence placed some DUI gross misdemeanors under the umbrella of federal immigration laws. Immigration laws classified gross misdemeanors as “aggravated felonies” merely due to the length of the sentence. Aggravated felonies are one prong of federal law that can cause automatic deportation in some cases. Some state and municipal courts in WA willingly amended agreements to 364 day sentences, but this was not practiced uniformly.

The WA State legislature overwhelming passed this law. The vote was 45-3 in the Senate and 93-2 in the House, with major support from both political parties. The legislature felt that there was a “disproportionate outcome” when compared with other individuals who were deported for actual felony offenses. The intent of the legislation was stated as being to “cure the inequity.” The new law will go into effect 90 days after this legislative session ends, but your criminal defense attorney can make arguments on your behalf now if there is an issue with your immigration status.

There is still a risk with immigration issues in some simple misdemeanor cases. Your defense attorney should carefully consider this when negotiating with prosecutors. Cristine Beckwith is a lawyer who has extensive experience both defending DUIs and fighting to protect the immigration status of clients with immigration issues.

In Seattle, three law enforcement officers and a sergeant have been removed from their assignments on a DUI task force. According to the allegations, not all DUI arrests were being reviewed and signed off by the sergeant. Instead, the documents were allegedly stamped by non authorized members of the police task force.

If you were arrested by one of these SPD officers, your DUI misdemeanor conviction could be dismissed. Although the intent of the officers involved in the investigation has not been established, they could be facing gross misdemeanor criminal charges.

It is not uncommon for the police to make mistakes during and after a DUI arrest. A good DUI lawyer will investigate the police report, video evidence, and witness statements in an attempt to uncover any shortcuts, negligence, or abuse of power by law enforcement. As a Tacoma DUI defense attorney, Cristine Beckwith thoroughly investigates the criminal charges that her clients are accused of to make sure that the rights and freedoms of her clients are fully protected.