Category Archives: Department of Licensing

Winter DUI Emphasis Patrols to Begin Again

Bellingham Defense Attorney, Department of Licensing, DUI, Ignition Interlock Device, Washington State Patrol, Whatcom County Criminal Defense, , ,

DUI Emphasis Patrols this summer (click to read) - Paul Hanson

Be aware, all . . .

All along the I-5 corridor from Canada to Mexico, law enforcement agencies begin emphasis enforcement beginning on Wednesday November 27, 2013.

The goal is to prevent even a single death on I-5 during the Thanksgiving weekend.   To that end, Washington, Oregon, and California law enforcement are combining forces this week to keep the road safe from impaired drivers.  Spread the word!

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

More DUI Drivers Are Testing Positive for Marijuana

Blood Test, Department of Licensing, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Privacy, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, , ,

Marijuana DUI: How Long Does Marijuana Stay in Your System | Leyba Defense Seattle

According to new data released from the Washington State Patrol, more drivers have been testing positive for marijuana since Washington legalized the drug last year.

In the first six months of 2013, 745 people tested positive for marijuana. Typically, there are about 1,000 positive pot tests on drivers in a full year. But this doesn’t necessarily mean there’s been a rash of people driving high, says patrol spokesman Bob Calkins. Well, then what’s the reason?

“We’re testing blood we didn’t test before,” he said.

In addition, the overall number of impaired-driving cases handled by the patrol doesn’t appear to have risen this year, and should be on track to hit the rough annual average of 20,000 – which could mean some people are using marijuana instead of alcohol before getting behind the wheel, Calkins said.

Read more here: http://www.bellinghamherald.com/2013/11/22/3331209/more-drivers-testing-positive.html#storylink=cpy

Last year, Washington and Colorado voters legalized the recreational use of marijuana by adults over 21. Both states have set a legal limit of 5 nanograms of active THC per milliliter of blood for drivers; anything above that is a per se violation of impaired driving laws, similar to blowing 0.08 or above on an alcohol breath test. The violation is generally a gross misdemeanor punishable by up to a year in jail — and at least one day in custody for a first offense.

Read more here: http://www.bellinghamherald.com/2013/11/22/3331209/more-drivers-testing-positive.html#storylink=cpy

Of the 745 people who tested positive for marijuana in the first half of this year, the State Patrol says a slight majority tested above the legal limit. The exact number: 420. It’s a curious coincidence, since “420” is an old slang term for marijuana.

Read more here: http://www.bellinghamherald.com/2013/11/22/3331209/more-drivers-testing-positive.html#storylink=cpy

My opinion? If they can, they will. Meaning, if the police can test your for blood for marijuana, they will. As I predicted in earlier blogs, the passage of I-502 gives police more search authority. If police think you’re high, they’ll request a blood test. If you refuse, they’ll get a warrant for your blood and/or enter a “Refusal” DUI.

The data is predictable. What I’m seeing happen, unfortunately, is the police seeking blood tests on my clients who are not smoking marijuana. Making matters worse, I’m seeing judges impose Ignition Interlock Devices as a condition of pretrial release, and before clients are convicted of ANYTHING!

There’s something wrong with that. Just saying.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Brass Tacks Part II: Increased Penalties for DUI if Child Under 16 In Vehicle

Department of Licensing, DUI, Ignition Interlock Device, Legislation, Pretrial Investigations, Washington State Patrol, , ,

What Happens If You Get a DUI

Here’s a summary of more changes that went into effect on September 28, 2013 regarding our ever-increasing and ever-punitive DUI laws. The changes included changes to RCW 46.61.5055 that increase DUI penalties if there was a passenger under 16 in the car. There’s also an increase in mandatory jail for repeat offenders. Here is what is NOW subsection 6 of RCW 46.61.5055: 

 

(6) If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:

 

(a) Order the use of an ignition interlock or other device for an additional six months;

 

(b) In any case in which the person has no prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional twenty-four hours of imprisonment and a fine of not less than one thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;

 

(c) In any case in which the person has one prior offense within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional five days of imprisonment and a fine of not less than two thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;

 

(d) In any case in which the person has two or three prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional ten days of imprisonment and a fine of not less than three thousand dollars and not more than ten thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent.

 

RCW § 46.61.5055 (6).

 

My opinion? The passage of I-502 has simultaneously loosened Washington’s Drug Laws and enhanced Washington’s DUI laws. Period.

 

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Brass Tacks: A Look at How Courts Are Automatically Imposing Ignition Interlock Devices ASAP

Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, Legislation, marijuana, misdemeanor, police, Uncategorized, Washington State Patrol, , ,

California's Ignition Interlock Law Takes Effect Jan. 1 -- Occupational Health & Safety

Recently, a client hired me to represent him on a new DUI charge. Unfortunately, this client already has a prior DUI conviction within 7 years. We met at my office. He showed me his paperwork – arraignment dates, property seizures, BAC ticket, etc. – and also showed me a document I haven’t yet seen in my years of practice.

It was a Court Order signed by the judge titled, “IGNITION INTERLOCK RULES.”

I knew I’d eventually see this document, sooner or later. Under the recent passage of RCW 46.20.740 and RCW 46.20.385 the COURTS – and NOT the DOL – shall order any person convicted of an alcohol-related violation to apply for an ignition interlock driver’s license and to have a functioning ignition interlock device installed on all motor vehicles operated by the person.

The court may also order the installation of an interlock device for a driver that is convicted of Reckless Driving or Negligent Driving within 7 years of an alcohol related driving offense. An ignition interlock may be required for Reckless Driving or Negligent Driving without a prior DUI conviction. Finally, under the law, an ignition interlock device will be required for any driver convicted of vehicular homicide while driving under the influence.

This document was proof that the Courts are diligently following the passage of these laws. It read the following, ver batim:

* The defendant shall not operate a motor vehicle unless the defendant has a valid driver’s license and insurance;

* Once the defendant has a valid driver’s license and insurance, the defendant shall only operate a motor vehicle equipped with a functioning ignition interlock breath alcohol device while on pretrial;

* The defendant shall have an ignition interlock breath alcohol device installed by a Washington State Patrol certified ignition interlock breath alcohol device vendor on any motor vehicle the defendant will operate;

* The defendant shall bear the cost of installation and maintenance of the ignition interlock breath alcohol device and show proof of installation of the ignition interlock to the court;

* Any ignition interlock breath alcohol device installed pursuant to this order shall be monitored by the installer, and a report filed with the court every sixty (60) days;

* The defendant shall not adjust, tamper with, remove, or circumvent – (1) any ignition interlock breath alcohol device, (2) the wiring of any ignition interlock breath alcohol device, or (3) the ignition system of any vehicle equipped with an ignition interlock breath alcohol device. Any violation or tampering must be reported to the court by the ignition interlock breath alcohol device vendor, and;

* The ignition interlock breath alcohol device shall have certain minimum settings.

My opinion? Although I understand the need for community safety, it appears these new requirements are unconstitutional and overbearing in some cases. The government assumes people are guilty before they even go to trial. Indeed, this particular client showed NO signs of alcohol intoxication in his police reports. Police contacted him because someone complained of his driving.

After pulling him over, the police had no proof whatsoever that he was under the influence of alcohol, and instead believed he was under the influence of drugs. It’s going to take WEEKS to get his blood test back. In the meantime, he must drive around with an Ignition Interlock Device on his vehicle. Unfair.

If you’re facing a similar situation please contact a qualified attorney. I, for one, look forward to fighting this case tooth and nail and removing the Ignition Interlock Device from my client’s vehicle!

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Are Washington’s New Proposed DUI Laws Unconstitutional?

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, felony, Firearm, Ignition Interlock Device, law enforcement, Legislation, marijuana, misdemeanor, police, Washington State Patrol, , ,

9 Things You Should Know If You're a Repeat DUI Offender

Gov. Jay Inslee shall sign into law a measure to increase monitoring of motorists who repeatedly drive under the influence.

Under the revised bill to be signed this morning in Tacoma, drivers charged with a second impaired driving offense would face mandatory arrest AND booking in jail AND have an interlock device installed on their vehicles within five days of being charged. The state would also begin a pilot program to conduct daily alcohol monitoring on a person convicted twice under the DUI law.

Finally, the State will give counties and cities more money to prosecute and punish DUI offenders quicker. The law, sparked by tragic accidents earlier this year, is a scaled back version of an initial plan that would have increased minimum jail times for offenders.

My opinion? More and more, we are witnessing the erosion of our rights when it comes to DUI legislation and enforcement. There are four basic legal issues when it comes to DUI: (1) whether the stop conducted by the police was lawful, (2) whether the officer had enough evidence to arrest for DUI, (3) whether the defendant was informed of the Implied Consent law, and (4) whether the defendant’s breath test was over .08 and/or whether the defendant refused the test. These four basic issues bring LOTS of sub-issues; which is the stuff of good lawyering and effective pretrial motions to suppress and/or dismiss the case.

Most people don’t know that DUI charges bring separate actions from both the Department of Licensing (DOL) and the City/State Prosecutor. The DOL will try revoking or suspending your license. Following that, they’ll order defendants to obtain an Ignition Interlock Device (IID) and an Ignition Interlock Device License (IIDL) if the defendant wants to continue driving.

To combat this, defendants are entitled to a DOL hearing if they want to stop the DOL from suspending/revoking the license. The hearing costs $375.00. A good attorney will brief the legal issues and request a hearing before the DOL’s Hearing Examiner in order to persuade the Hearing Examiner to NOT suspend/revoke the defendant’s license.

Problematically, it appears Inslee’s new DUI legislation circumvents the DOL process altogether. It appears a defendant’s car will be automatically installed with an IID 5 days after arrest. Defendants will be closely monitored while their case is pending. In all likelihood, they’ll be forced to take time out of their day to appear before their probation officer and succumb to UA and/or portable breath testing. All of these actions assume the defendant is guilty. They violate the “innocent until proven guilty” standard.

Also, the bill’s enforcement of pretrial orders for IIDs violates State v. Rose, 146 Wn.App. 439 (2008). That case held government programs which require the defendant to pay fees/costs before conviction are unconstitutional. Additionally, these provisions may violate Art. 1 Section 22 of the WA Constitution by requiring advancement of money before conviction.

Now, more than ever, it’s imperative to find a competent defense attorney to help maneuver the pitfalls of our increasing anti-DUI legislation.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Whatcom DUI Patrols Nab 60 People

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Terry Stop, Washington State Patrol, , ,

5 Tips for First Time DUI Offenders - Defensive Driving

Just so we know the score . . .

Sixty people were arrested for DUI during county-wide emphasis patrols earlier this summer, according to the Whatcom County Traffic Safety Task Force.

The patrols ran from June 21 through July 7, during which time Washington State Patrol troopers, police officers from local cities and Whatcom County Sheriff’s deputies focused on catching impaired drivers.

A grant from the Washington Traffic Safety Commission helped pay for any officers on overtime for the patrols.

Let’s crunch the number: in approximately 17-18 days, the Washington State Patrol arrested 60 people for DUI. That’s about 3-4 people per night, on average. Quite a bit. On the one hand, the news is good if the police are pulling over dangerously inebriated drivers. On the other hand, pulling non-dangerous drivers over an a mere suspicion of drunk driving – and unsupported by probable cause – is illegal and intrusive.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Proposed Changes in DUI Laws: Draconian or Timely?

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, Legislation, marijuana, misdemeanor, police, Terry Stop, , ,

New Bill to Toughen Pennsylvania Repeat Offender DUI Laws | Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC

The state Legislature shall consider strengthening DUI consequences in Washington.

It makes sense, in a way. News reports indicate that DUI accidents have increased, or at least, a recent string of crashes in Washington leads us to believe so. While these tragedies are awful, it is important to remember that these results are not typical.

It’s no secret that DUI penalties are already harsh. Mandatory minimum penalties start at 24 consecutive hours in jail (convertible to 15 days of electronic home monitoring); $941 fine/court assessment; a 90-day license suspension; court-ordered alcohol evaluation, treatment, and victim impact panel; a one-year ignition interlock device (IID) requirement; five years of probation; and mandatory 12- hour impoundment of the vehicle immediately following arrest.

The mandatory minimum penalties get stiffer with subsequent convictions within seven years or higher BAC levels. Even worse, defendants convicted of DUI cannot vacate or expunge their conviction. The DUI remains on their criminal history forever.

The Legislature has amended DUI penalties 11 times in the past 10 years. It’s a subject of intense debate among lawmakers. Nowadays, legislatures are looking at different ways to, once again, enhance the penalties of DUI drivers.

The proposals could be seen as Draconian. They include making someone’s third DUI a felony; requiring impounded vehicles have Ignition Interlock Devices be installed before releasing the vehicle; random sobriety checkpoints; increasing jail sentences;  a 10- year prohibition on the consumption or purchase of alcohol following the third DUI conviction; faster filing of charges and mandatory jail booking following arrest.

My opinion? The proposals are Draconian. Requiring installation of IID devices on impounded vehicles is potentially unconstitutional. What if the defendant borrowed the vehicle from a family member or friend? Additionally, the Washington Supreme Court has already ruled random sobriety checkpoints unconstitutional. Finally, mandatory incarceration following arrest will cause a massive need for more jail space and money to pay for it.

Yes, increasing DUI penalties to stop repeat offenders – or even first-time offenders – is a worthwhile goal. However, careful measures must be taken by our lawmakers to draft laws and policies that address the problem while keeping in mind that everyone is entitled to make mistakes.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Supreme Court Wary of Warrantless Blood Tests in DUI Cases

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search Warrant, Terry Stop, United States Supreme Court, , ,

Miami Police Usually Need a Search Warrant to Draw Your Blood for a DUI

Good stuff. The Supreme Court is considering requiring police to get a search warrant before forcing drunken-driving suspects to have blood draws.

In State of Missouri v. McNeely, the defendant was pulled over for speeding. He failed field sobriety tests and refused to take a breath test. The officer then took McNeely to a nearby hospital, where a technician drew blood over the handcuffed suspect’s objection. The legal issue is whether blood draws taken under these circumstances violate a defendant’s Constitutional rights. If so, the blood test  is suppressed and inadmissible to a jury if the case proceeds to jury trial.

The prosecution argues that getting a nighttime warrant takes an average of two hours, by which point a person’s blood-alcohol level may have dropped below the legal limit.  Alcohol typically dissipates in the bloodstream at a rate of 0.015 to 0.020 percentage points an hour. The limit in Missouri is 0.08 percent.

McNeely’s defense attorney argues that Missouri’s Implied Consent law allows drivers the right to refuse a blood test. All 50 states have implied-consent laws in some form. In short, Implied Consent law says drivers who refuse a blood or breath test automatically lose their license for a year.

My opinion? Police should get warrants. Period. Getting a warrant is the proper remedy when defendants exercise their Constitutional rights. Also, it doesn’t take long to get one. Police can call a judge while driving a defendant to the jail. Judges typically issue warrants over the phone.

Due to the passage of I-502, this issue is especially relevant in WA. I-502 allows for citizens to possess small amounts of marijuana. Unfortunately, when it comes to DUI arrests, I-502 set the legal limit for THC is the bloodstream at only 5 nanograms. This is a very low amount, especially for citizens who are licensed to smoke marijuana.

In other blogs I predicted that the passage of I-502 would probably convince law enforcement to immediately transport citizens investigated for DUI straight to the hospital to undergo blood tests. Blood draws are necessary to determine nanogram levels (they also detect alcohol levels). I also predicted that unlawfully obtained blood tests would soon become the subject matter of intense pretrial litigation.

Was the officer trained in drug DUI detection? Was the blood draw performed by someone who is medically licensed? Was it performed within 2 hours of the defendant being pulled over? Was the blood test tampered with? Can the prosecution properly establish the chain of custody of all persons who handled the blood sample? And now, according to the above case, can law enforcement simply circumvent the warrant requirement and obtain blood draws if the defendant refuses?

All of these issues are the subject matter of intense legal arguments. A good trial attorney will argue pretrial motions to suppress unlawfully obtained and/or tainted evidence. Yes, this pending case is a big deal.

We’ll see what happens. . .

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

DOL Fees Increase for Those Challenging Their Driver’s License Suspensions Resulting From DUI Charges

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Washington State Department of Licensing (@WA_DOL) | Twitter

Look out – it’s now much more expensive to challenge the Washington State Department of Licensing’s (DOL) suspension of your license if you’re charged with DUI. The DOL recently raised the cost of an administrative hearing from $200 to $375.

Some background is necessary: in the past, defendants charged with alcohol-related driving crimes such as Driving Under the Influence (DUI), Physical Control, or Minor Driving After Consuming Alcohol (Minor DUI) had a reasonable opportunity to save their driver’s licenses from getting suspended. This “opportunity” was given by applying for a DOL hearing before a Hearing Examiner within 20 days of being arrested. The Hearing Examiner looks at (1) whether the stop was lawful, (2) whether there was enough evidence to arrest for DUI, (3) whether the defendant was given their Implied Consent Warnings under RCW 46.20.308, and (4) whether the defendant BAC’d at over .08 or refused the breath test.

Competent attorneys representing DUI defendants at these hearings stood the chance of stopping the automatic suspension/revocation of the client’s driver’s license (there’s LOTS of caselaw and WAC provisions surrounding this area of law).

The hearing used to cost only $200. Now it’s $375. This is almost DOUBLE the cost.

My opinion? The DOL appears to be discouraging people from seeking an administrative hearing. This law is a veiled attempt to prohibit the due process rights of people charged – and not yet convicted – of DUI. In other words, the DOL simply wants defendants to forego their right to a DOL hearing and install an IID.

Also, if we look at the passage of this law in conjunction with the increased monitoring of Ignition Interlock Devices IID’s (starting January 1, 2013, IID’s now require cameras), we can safely opine the WA Legislature is cracking down on DUI defendants. Indeed, a recent informal survey of National DUI attorneys confirmed that Washington State has the highest administrative costs for a DOL hearing and at least one state grants these hearings for FREE.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New DUI Law: Ignition Interlock Devices Now Take Pictures of Driver

Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, Legislation, marijuana, misdemeanor, Search Warrant, Terry Stop,

California's Ignition Interlock Law Takes Effect Jan. 1 -- Occupational Health & Safety

Starting January 1, 2013, people charged with DUI and having their driver’s licenses suspended or revoked by the Department of Licensing (DOL) will undergo more monitoring. Starting January 1, a camera will snap a picture every time their Ignition Interlock Device is used, verifying that the driver is the person who took the test.

Interlocks are required on the vehicles whose drivers have been caught driving impaired. They allow those drivers to continue to use their cars, but only after making sure they are sober. Anyone caught trying to fool the machine will get recorded and that information will go to Washington State Patrol. Drivers can lose their Ignition Interlock License as a result. Apparently, impaired drivers often ask passengers, friends or even children to take the test for them, said Washington State Patrol Lt. Rob Sharpe.

“We’ve even heard stories of people trying to use portable air compressors to take the test,” he said.

My opinion? I respect the implied need for increased safety, however, this new law seems invasive and unnecessary. I haven’t heard of any traffic accidents where someone faked blowing into their Ignition Interlock Device in some way, shape or form. Why is there a need for increased monitoring of people convicted of DUI if something horrible hasn’t yet happened?

The passage of this law is another reminder to hire a competent defense attorney if you’re charged with DUI. Good representation might save your license from getting suspended/revoked and an Ignition Interlock Device installed on your vehicle.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.