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WA DUI News

Challenging DUI Blood Alcohol Content in WA State

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.

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Reckless Driving vs DUI in Washington State

reckless-drivingIn our last article, we spoke about the impact of reducing DUI charges to Negligent Driving. In this article, we are going to focus on the consequences of reducing a DUI to Reckless Driving. In WA State, Reckless Driving is a more serious offense than Negligent Driving. However, it is less serious than a DUI conviction.

Reckless Driving and DUI are both gross misdemeanors and therefore carry the same maximums of 364 days in jail and a $5000 fine. DUI and Reckless Driving both require the purchase of SR-22 insurance for 3 years. In Tacoma, Seattle, and other areas of King and Pierce County, it is not common for maximum penalties to be enforced.

There are some important differences between a conviction for DUI and Reckless Driving:

  • Reckless Driving convictions result in a 30 day license suspension
  • DUI convictions result in a license suspension for a minimum of 90 days
  • DUI convictions require an ignition interlock device

If you have been arrested for DUI and would like information regarding your license suspension and criminal case, click here. 

For general information about Reckless Driving in Washington State, click here. 

Please contact our law office or another qualified WA DUI attorney before making any decisions about your case. DUI laws are very complicated and there are many arguments that your DUI lawyer can make on your behalf.

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DUI Topics

Reducing a WA DUI to Negligent Driving

Depending on the circumstances surrounding your DUI arrest, it may not be possible to negotiate a dismissal of your charges. Often times, a WA DUI attorney will negotiate a lesser charge on your behalf. For example, Negligent Driving in the First Degree is a simple misdemeanor that carries a maximum jail sentence of 90 days and a $1000 fine. In comparison, a DUI is a gross misdemeanor. A gross misdemeanor in WA State has a maximum fine of $5000 and 364 days in jail.

If you are charged with DUI and end up accepting the charges of 1st Degree Negligent Driving, this would be considered a reduction as Negligent Driving is a less serious crime than DUI. In addition, there are no driver’s license consequences for a Negligent Driving charge. A DUI conviction comes with an automatic driver’s license suspension as well as potential requirements such as SR-22 insurance, Ignition Interlock License, alcohol treatment, etc.

While a reduction to Negligent Driving may be a good result in some scenarios, you should speak to a DUI lawyer about your specific case. Factors that determine leverage for negotiations include your criminal history, prior convictions for DUI, blood alcohol content (BAC) level, and police conduct during and after the arrest. Your lawyer will be in the best position to assess all the evidentiary and legal issues pertinent to your case. If a DUI dismissal is not possible, they can advise you on the pros and cons that result from the choices between negotiated settlements and a trial by jury.

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Contesting a WA DUI – Video Footage from DUI Arrest

Washington State Patrol police cars as well as some police cars in Tacoma and Pierce County can record video and audio during a DUI stop. This footage can be used by prosecutors as part of the discovery (evidence used against you). These videos are produced from cameras mounted to the front of the police vehicles and in some cases can be very valuable to your DUI defense.

DUI arrest video footage can be used to corroborate or contest the officer’s version of events that are documented in the police report. The audio portion can also help put statements made by a defendant in context with the larger event. If the officer exaggerated or includes false details, the video can seriously undermine the officer’s credibility as a witness. If there are even minor issues with the collaboration of the police report and video evidence, this can provide leverage for negotiations on your DUI criminal case, during your driver’s license suspension hearing, or at trial.

Cristine is a Tacoma, WA DUI lawyer who has found these videos to be very useful in a number of cases where the DUI arrest video footage did not mimic the stop as described in the police report. Video footage can help your DUI attorney find issues for suppression of evidence used against you and for information about whether the officer followed the required legal procedures (properly advising of rights, administering tests in the appropriate fashion, etc.). This evidence can be used to negotiate favorable outcomes such as a full DUI dismissal, a reduction to a lesser charge or infraction, reinstatement of driving privileges, or an acquittal at a jury trial.

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WA DUI News

King County DUI Blood Test Refusal

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.