Category Archives: DUI

Is The Test Tube Vial Containing Your DUI Blood Test Expired? Doesn’t Matter. Still Admissible.

Bellingham Defense Attorney, Blood Test, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , ,

EXPIRED BLOOD TUBES! Are expired... - Awanui Veterinary | Facebook

In Kanta v. Dept. of Licensing, the WA Court of Appeals decided an important case regarding blood test evidence preserved in test tube vials. Specifically, it addressed the issue of whether blood draw evidence is admissible even if (1) blood is drawn prior to a test tube vial’s expiration date, and (2) the blood test analysis occurred after the vial’s expiration date.

Some background is necessary. Blood collection tubes used in DWI cases are glass tubes/vials which are partially evacuated of air. These tubes/vials contain a preservative and anticoagulant (blood thinner).  The vacuum of the tube allows for the blood sample to be drawn into the tube. If there was no vacuum, the tube would not be able to draw the blood sample.  Thus, an expiration date is placed on the tube label.

FACTUAL BACKGROUND

Mrs. Kanta was arrested for DUI in July 2021. Shortly after her arrest, a phlebotomist drew a sample of Kanta’s blood which was sent to a laboratory for analysis. The laboratory tested Kanta’s blood for alcohol in May 2022. In September 2022, the lab issued a report stating that Kanta’s blood sample contained 0.18% alcohol. In November 2022, the Department of Licensing (DOL) suspended Kanta’s driving license. Kanta contested the suspension, arguing that because the vial used to store her blood expired in November 2021, the blood was not properly preserved and therefore did not comply with the Washington Administrative Code (WAC). A hearing examiner rejected Kanta’s argument and affirmed the suspension.

Kanta appealed to the superior court. The superior court found that substantial evidence supported the hearing examiner’s conclusion that the blood test complied with the necessary criteria, and was therefore properly admitted. Kanta appeals to the WA Court of Appeals, arguing that the hearing examiner erred in admitting the results of her blood test into evidence because the vials were expired at the time of testing. As such, Kanta argues, the superior court erred in affirming the suspension of her license.

COURT’S ANALYSIS & CONCLUSIONS

Ultimately, the WA Court of Appeals agreed with the superior court and the DOL.

The Court reasoned that WAC 448-14-020(3) provides that blood samples must be placed in a “a chemically clean dry container consistent with the size of the sample with an inert leak-proof stopper,” and “must be preserved with an anticoagulant and an enzyme poison sufficient in amount to prevent clotting and stabilize the alcohol concentration.” Furthermore, the code explains that “suitable preservatives and anticoagulants include the combination of sodium fluoride and potassium oxalate.”

“Kanta does not take issue with the procedures involving the reporting or analysis of her blood,” said the Court of Appeals. “Rather, she confines her complaint to the manner in which her blood was stored prior to testing because although the tubes had not yet expired at the time her blood was collected and placed inside the tubes, they expired roughly four months after collection and her blood was not tested for another six months after that.”

Here, the DOL presented three exhibits to the hearing examiner: a certificate of compliance for the blood collection tube used, the report from law enforcement, and a credential verification from the Department of Health. The Court of Appeals gave much weight to the significance of the certificate of compliance:

“The certificate of compliance establishes that the tube used in Kanta’s blood sample met the necessary requirements for preservatives and anticoagulants. According to the certificate of compliance, the tube used in Kanta’s blood test contained 18 to 23 milligrams of potassium oxalate and 90 to 115 milligrams of sodium fluorite. The certificate also established that the tubes were certified to be sterile and complied with manufacturing regulations.” ~WA Court of Appeals

Furthermore, the arresting officer’s police report stated that “prior to providing this blood kit to the phlebotomist I checked to make sure that the tubes were in good condition, were not expired, and that the white preservative anticoagulant powder was present in the tubes.”

Next, the Court of Appeals bluntly addressed the issue of whether a person’s blood must be tested prior to the expiration of the test tubes holding the blood:

“Kanta focuses all of her arguments on the admissibility of her blood test. The WAC does not require that the blood in the test tubes be tested prior to the expiration of the tubes. As we note above, once the DOL satisfies its initial burden of producing prima facie evidence establishing that the test complied with the code, the test results are admissible.” ~WA Court of Appeals (emphasis supplied).

My opinion? The Court of Appeals issued a rather narrow, cut-and-dried opinion which was strictly conscripted to the WAC. Obviously, the WAC must be changed to require that blood be tested prior to the expiration of blood vials/tubes. Expired blood test vials can lead to inaccurate results, especially for coagulation testing. This is because expired tubes may have lost their sterility or vacuum, or contain an anticoagulant that is no longer effective. Additionally, if a tube is used past its expiration date, the vacuum may not be able to draw enough blood to fill the tube, which can lead to short-filled tubes that are not suitable for testing.

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.

Is Today’s Marijuana Too Strong?

Bellingham Defense Attorney, Drug Offenses, DUI, marijuana, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Photo Courtesy of Emily Zaboski/Daily Free Press Staff

Excellent article in the Atlantic by Malcolm Ferguson reports that marijuana users are realizing marijuana has become noticeably stronger. A drug they once turned to for fun and relaxation now triggers existential dread and paranoia.

In 2022, the federal government reported that THC — the psychoactive compound in weed that makes you feel high—had more than tripled compared with 25 years earlier, from 5 to 16 percent. That may understate how strong weed has gotten. Walk into any dispensary in the country, legal or not, and you’ll be hard-pressed to find a single product advertising such a low THC level. Most strains claim to be at least 20 to 30 percent THC by weight; concentrated weed products designed for vaping can be labeled as up to 90 percent.

For the average weed smoker who wants to take a few hits without getting absolutely blitzed, this is frustrating. For some, it can be dangerous. In the past few years, reports have swelled of people, especially teens, experiencing short- and long-term “marijuana-induced psychosis.” The consequences include hospitalizations for chronic vomiting and auditory hallucinations of talking birds. Multiple studies have drawn a link between heavy use of high-potency marijuana, in particular. The development of psychological disorders, including schizophrenia, have increased.

WHY HAS MARIJUANA POTENCY INCREASED SO MUCH?

The simplest explanation for this is that the casual smokers  aren’t the industry’s top customers. Serious stoners are. Regular users tend to develop a high tolerance, and their tastes drive the industry’s cultivation decisions. The industry is not shy about this fact.

My opinion?The history of drug enforcement in America was long one of discriminatory, draconian enforcement. But the shift toward legal weed has tacked too far in the opposite direction. If marijuana is to be sold legally, consumers should know what they’re buying and have confidence that someone is making sure it’s safe.

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

Survey: Cannabis and Hallucinogen Use Remains At Historically High Levels

Bellingham Defense Attorney, Drug Offenses, DUI, marijuana, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

weed-as-a-hallucinogent

Excellent article by CNN reporter Carma Hassan, says the use of cannabis and hallucinogens stayed at historically high levels among both younger and middle-age adults in the US in 2023. The data was released from a survey from Monitoring the Future, a study conducted by researchers at the University of Michigan since 1975 and funded by the National Institutes of Health.

THE NUMBERS

The survey showed that about 2 in 5 adults (42%) ages 19 to 30 reported using cannabis in the previous year. Nearly 10% of that group saying they used cannabis nearly every day. And for the first time, more women ages 19 to 30 reported cannabis use than men in the same age group. However, there was a higher prevalence of men using cannabis than women in the older age group. About 29% of midlife adults — people ages 35 to 50 — reported using cannabis at least once in the past year. Nearly 8% reporting using cannabis on a daily basis.

 “On average, a certain number of people in any group that’s a sizable portion are using marijuana on a daily or near-daily basis. And I think that bears watching, and those levels are at a historical high. Although they didn’t increase this year compared to the previous year, they’re still at quite high levels.” ~Dr. Wilson Compton, deputy director of the NIH’s National Institute on Drug Abuse.

CANNABIS VAPING

Cannabis vaping rose slightly among younger adults. Nearly 1 in 5 adults in that age group say they used it at least once in the past year. For midlife adults, about 9% of people in that group admitted vaping cannabis in the past year. Nicotine vaping also stayed high among both groups of adults, according to the report.

HALLUCINOGENS

The study discussed the use of hallucinogens – such as LSD, mescaline, peyote, PC and shrooms or psilocybin. In short, use of these drugs hovered around the same as in 2022, They landed at 9% for adults 19 to 30 (versus 8% the previous year) and 4% for adults 35 to 50 in 2023 and 2022.

“We have seen that people at different stages of adulthood are trending toward use of drugs like cannabis and psychedelics and away from tobacco cigarettes . . . These findings underscore the urgent need for rigorous research on the potential risks and benefits of cannabis and hallucinogens – especially as new products continue to emerge.” ~Dr. Nora Volkow, director of the National Institute on Drug Abuse.

ALCOHOL

The most-used substance among adults is still alcohol. Here, more than 4 in 5 younger adults (84%) reporting drinking in the past year. However, frequent drinking – either monthly, daily or binge drinking – all decreased in 2023 from the decade prior among 19- to 30-year-olds.

CIGARETTES, OPIOIDS & PRESCRIPTION DRUGS

The researchers also noted other decreases in drug use, reflecting a shift in habits. Cigarette smoking and use of opioid medications and prescription drugs for nonmedical reasons “maintained five- and 10-year declines” for both age groups.

n 2023, drug overdose deaths decreased for the first time since 2018, according to preliminary data from the US Centers for Disease Control and Prevention’s National Center for Health Statistics. About 107,500 people died from a drug overdose in 2023, the data showed, driven by fentanyl and synthetic opioids.

While only slight changes were observed compared with the previous year’s Monitoring the Future survey results, the researchers say the results still help inform the bigger picture — especially as the survey respondents age.

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

Expert Witness’s Misleading Statements at DUI Trial Were “Harmless Error.”

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, , , , ,

Harmless Error Rule | Legal Terms

In State v. Wasuge, No. 85286-8-I (August 12, 2024)., the WA Court of Appeals (COA) held the trial court mistakenly admitted expert testimony in a DUI case that the general population metabolizes alcohol at a rate of .01 to .02 percent per hour. Also, the trial court erred when it admitted expert testimony that the American Medical Association (AMA) recommends that state legislatures lower the “per se” blood alcohol concentration (BAC) limit for driving under the influence (DUI) offenses from .08 to .05 percent. Despite the trial court’s errors, the COA nevertheless upheld Mr. Wasuge’s convictions because the errors were harmless.

FACTUAL BACKGROUND

On the morning of October 12, 2022, a 911 caller reported that a vehicle had abruptly stopped in the center of a residential road. Upon arriving at the scene at approximately 6:45 a.m., King County Sheriff’s Office Deputies saw a stationary vehicle in the southbound lane of the road with its headlights and taillights illuminated. The officers noticed the vehicle’s engine was running, the keys were in the ignition, and the transmission was in drive. The officers also observed Mr. Wasuge sitting in the reclined driver’s seat asleep with his feet resting on the floorboard.

The officers decided to “box the vehicle in” by parking their vehicles in front of and behind Wasuge’s vehicle. A deputy then knocked on the front driver’s side window and announced himself as a law enforcement officer. When Wasuge awoke, he looked at an officer and began rolling down the back driver’s side window before rolling down the front driver’s side window. A police officer immediately smelled “an odor of alcoholic beverages coming from the vehicle” and ordered Wasuge to put the gearshift in park and exit the vehicle, which he did.

When police asked Wasuge “why he was asleep in the middle of the roadway,” Wasuge said he was waiting for a friend and pointed at different houses in multiple directions. The officer suspected that Wasuge had been drinking alcohol because his breath smelled of alcohol; his speech was slurred; his eyes were bloodshot, glassy, and watery. Wasuge was also unbalanced when walking and standing; and he generally appeared “dazed and confused.” Police asked Wasuge if he had been drinking, which Wasuge denied. After Wasuge performed poorly on the field sobriety tests, he placed him under arrest for DUI. Farley then transported Wasuge to a hospital where a nurse drew his blood. Later testing of this blood determined that Wasuge’s BAC was .076 percent.

Mr. Wasuge was charged with DUI, Operating a Vehicle Without an Ignition Interlock Device, and Driving While License Revoked.

At trial, the jury convicted Wasuge of counts 2 and 3 as charged, but it did not reach a unanimous verdict on count 1. Instead, the jury convicted Wasuge of the lesser included offense of being in Actual Physical Control of a Motor Vehicle While Under the influence.

COURT’S ANALYSIS & CONCLUSIONS

Regarding the Expert Witness Testimony issue, the trial court abused its discretion in admitting the contested portions of Dougher’s testimony. Because the expert’s testimony about hypothetical per se BAC limit was not relevant to any issue in the trial, the trial court abused its discretion by admitting it.

“The State’s reliance on inadmissible testimony in this case is especially concerning, as it appears to be strategic. The State, as noted previously, did not seek to convict Wasuge under the “per se” prong of RCW 46.61.502(1)(a) or RCW 46.61.504(1)(a). Nor did it present a retrograde extrapolation, which might have been used to show that Wasuge’s BAC was .08 percent or higher while he was driving or in actual physical control of the motor vehicle.” ~WA Court of Appeals

Nevertheless, the COA found the errors harmless in light of the overwhelming evidence that Mr. Wasuge drove under the influence.

“These evidentiary errors would warrant reversal if this were a close case. But it is not. Under the nonconstitutional harmless error standard applicable to evidentiary errors, Wasuge is not entitled to a new trial unless he shows that within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected.” ~WA Court of Appeals

Here, police found Wasuge asleep behind the wheel of a vehicle sitting in the lane of travel with the engine idling and the gearshift in drive. Wasuge smelled of intoxicants. His speech was slurred, and his eyes were glassy, bloodshot, and watery. Wasuge performed poorly on the field sobriety tests. Lastly, Wasuge admitted to drinking multiple beers before driving the vehicle, and he had a BAC of .076 percent about two hours after he was first discovered behind the wheel of his vehicle.

“Because Wasuge has not shown that within reasonable probabilities, had the error not occurred, the outcome of the trial would have been materially affected, he is not entitled to a new trial on this basis,” said the COA. With that, the COA upheld Mr. Wasuge’s convictions.

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

Kratom: “Gas-Station Heroin” Known For Its Opioid and Stimulant-Like Effects

Bellingham Defense Attorney, Drug Offenses, DUI, Kratom, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

So-called 'gas station heroin' is easy to find, potentially dangerous to use

Journalist Marquise Francis wrote an excellent article in NBC News discussing Kratom, an herb with opioid and stimulant-like effects. Kratom is sold legally and widely at vape shops, gas stations and convenience stores in liquid, tablet or powder form. It is sometimes referred to as “gas station heroin.” The American Kratom Association, which advocates for consumer access to the substance, says it’s a roughly $1.5 billion-per-year industry.

Kratom contains a chemical compound called mitragynine, which stimulates the same brain receptors as opioids. That is partially why it can become addictive, according to experts. At high concentrations, the substance can cause nausea, seizures, vomiting, difficulty breathing and, in the most extreme cases, death.

Kratom is not regulated as a controlled substance. However, the Drug Enforcement Administration lists it as a “drug of concern.” The FDA has not approved kratom for any purpose, but supplements do not require the agency’s sign-off to be sold.

OVERDOSE DEATHS

Kratom was the cause of 91 overdose deaths from July 2016 to December 2017, according to a report from the Centers for Disease Control and Prevention. But some estimates put the toll far higher: An analysis by The Washington Post found kratom listed as the leading or partial cause of death in at least 4,100 deaths from 2020 to 2022, and an investigation by the Tampa Bay Times last year found that more than 580 people in Florida alone had died from kratom-related overdoses since 2013.

The DEA sought to temporarily reclassify kratom as a schedule 1 substance in 2016, but reversed course following a backlash. So in lieu of federal oversight, a growing number of states and cities have been cracking down on kratom on their own. at least six states — Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin — have banned kratom entirely.

AN EMERGING ISSUE

In a letter published Monday in the journal Annals of Internal Medicine, a group of researchers called kratom an “emerging issue” and suggested that physicians consider asking patients about their kratom use, the same way they do about cannabis, cocaine, methamphetamines or heroin. The paper suggests that as of 2022, roughly 1.9 million people in the U.S. had used kratom, though the authors suggest that’s an underestimate.

FOUR GROUPS OF KRATOM USERS

Kratom users are classified into four primary groups. The first is people with opioid use disorder who buy kratom either to tide them over until they can get more opiates or as an attempt to wean themselves off even harder stuff. The second is people who say kratom helps them with pain management. The third are users with anxiety, depression or some other mood disorder. The fourth and final group are those who simply enjoy the stimulant effects.

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

Bellingham Sees a Summertime Spike In DUI Arrests

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Summer Drinking: How Much Is Too Much? - Health Beat

Photo courtesy of gettyimages.com

According to the Bellingham Herald, the City of Bellingham Has Seen a Spike in DUI’s this  Summer.

THE DATA

The Bellingham Police Department reported 14 DUI arrests the weekend of July 3-5. The department made another 15 arrests July 12-15, with eight on July 13 alone. That’s 29 DUI arrests over seven days in July.

To put that into perspective, BPD averaged 21 DUI arrests per month from 2019-2023, and the department never reported more than 40 in a single month during that time, according to the city’s crime statistics tracker. So far this year, monthly arrests have topped 50 twice — 50 in March and 55 in July. The annual trend is even more stark. BPD reported 245 DUI arrests from January through July, which puts the city on pace to top its 2023 total of 382.

ALTHOUGH DUI’S HAVE INCREASED VEHICLE CRASHES INVOLVING ALCOHOL HAVE DECREASED.

Meanwhile, crashes involving alcohol appear to be on the decline in Whatcom County and Bellingham. There have been 18 traffic crashes involving alcohol in Bellingham, which saw 72 such incidents reported in 2023, according to the Washington State Department of Transportation Crash Data Portal.

WHY THE SUDDEN INCREASE IN DUI ARRESTS?

The hot summer weather can cause dehydration, which in turn can affect the way your body metabolizes alcohol. When dehydrated, your body has less water available to dilute the alcohol in your system. This means that even a tiny amount of alcohol can result in a higher BAC level than it would under normal conditions. Additionally, high temperatures can increase your heart rate and cause your blood vessels to dilate, leading to faster absorption of alcohol into your bloodstream.

DOES SUMMER HEAT IMPACT DUI BREATHALYZER RESULTS?

The effects of dehydration and increased heart rate caused by the summer heat can also impact the accuracy of DUI tests. Breathalyzer tests rely on the assumption that a person’s breath contains an accurate representation of their BAC level. However, if someone is dehydrated or experiencing an elevated heart rate due to the heat, their breath may not provide an accurate reading. This means that someone who is actually below the legal limit could still test positive for driving under the influence.

TIPS FOR STAYING SAFE ON THE ROAD THIS SUMMER.

To avoid potential issues with elevated BAC levels and inaccurate DWI test results during the summer months, it’s important to stay safe on the road. Make sure to stay hydrated by drinking plenty of water throughout the day, especially if you plan on consuming alcohol later on. Limit your alcohol intake when it’s hot outside, as even a small amount could have a greater impact on your BAC level than usual. If you do decide to drink, make sure to wait a sufficient amount of time before getting behind the wheel to allow your body to metabolize the alcohol.

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.

Is Chewing Tobacco a “Foreign Substance” That Affects DUI Breath Tests?

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Vehicular Homicide, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Jake Peavy chews tobacco

Red Sox pitcher Jake Peavy chews tobacco during a match. Credit: Getty Images

The answer? It depends how much chewing tobacco we’re talking about . . .

In State v. Sliger, the WA Court of Appeals held that a “foreign substance,” as used for the purposes of breath testing, is a foreign substance in an amount that can affect the accuracy of breath test results.  Therefore, small strands of tobacco left in the mouth of the test subject, after he removed the main wad of tobacco, did not invalidate the breath results.

FACTUAL BACKGROUND

Mr. Sliger was charged with Vehicular Homicide. At the scene of the accident, Sliger removed a lump of chewing tobacco from his mouth. Prior to taking a breath test, when asked if he had any foreign substances in his mouth, he answered no. After checking his mouth, the officer noted strands of tobacco in his teeth that were not removed prior to taking the test.

Sliger filed a pretrial motion to suppress the breath test results. For a breath test to be admissible under RCW 46.61.506(4)(a)(iii), the State must produce prima facie evidence that the subject did not have any foreign substances in their mouth at the beginning of the observation period. This burden can be met with evidence that either the subject denied having anything in their mouth or evidence that a check of the mouth revealed no foreign substances.

Here, the trial court found that tobacco was a foreign substance, that Sliger removed the tobacco from his mouth before taking the test, but did not remove the strands of tobacco between his teeth. Based on Sliger’s denial of a foreign substance, the trial court concluded that the State met its burden of producing prima facie evidence that Sliger did not have a foreign substance in his mouth at the beginning of the observation period.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (COA) stated the admissibility of a breath test is governed by case law, statute, and regulations. Specifically, RCW 46.61.506(4)(a) requires the State to produce prima facie evidence of certain facts before a test can be admitted as evidence. One of the facts is evidence that the person being tested “did not have any foreign substances, not to include dental work or piercings, fixed or removable, in his or her mouth at the beginning of the fifteen minute observation period.” RCW 46.61.506(4)(a)(iii).

“A ‘foreign substance’ is defined as a substance that ‘adversely affects the accuracy of test results.’ This definition leaves room for a substance such as tobacco to be considered a foreign substance based on the amount of the substance present. In other words, tobacco only becomes a foreign substance when it is present in an amount sufficient to adversely affect the test.”

“Reading the statute otherwise would lead to absurd results. If we were to hold that the presence of any amount of a substance that is foreign to the mouth renders a test inadmissible, then in theory the microscopic presence of any such substance would impact admissibility. Such a result is not required by the regulations or the statute.” ~WA Court of Appeals

With that, the COA affirmed the trial court’s denial of Mr. Sliger’s Motion to Suppress. Here, Sliger denied having any foreign substances in his mouth. And when the officer checked, he did not see any foreign substances. He did see strands of tobacco but did not consider them to be a foreign substance.

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.

WA Supreme Court Reverses Kitsap County DUI Case Decision Challenging Breathalyzers

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Illustration of rewind button on courtroom by Barbara Kelley

Recently, the Washington State Supreme Court decided State v. Keller. The Court’s decision reversed a 2022 Kitsap County District Court decision that ruled breathalyzers inadmissible in court. This high-profile case is discussed in a prior blog post due to its potential to affect on hundreds of DUI cases in Washington State.

In 2022, the Kitsap County District Court ruled breathalyzers inadmissible in court after it said it found state regulations surrounding the machine used by the Washington State Patrol were not followed.

The decision was a result of a case where in 2020 a Washington state man crashed his vehicle and failed a breath alcohol test. The man challenged the admission of the results and argued state regulations had not been followed.

The breath test machine, the Dräger Alcotest 9510, was approved by the Washington State Patrol toxicologist in 2010 and has been in common use since 2015.

The Drager machine determines someone’s blood alcohol level by calculating the average of four samples. Under state law, the calculations are rounded to four decimal places, however, the machine truncates rather than rounds to four decimal points.

The court agreed with the man’s arguments that regulations had not been followed and excluded the test results. The court ruled that statutes and regulations require the breathalyzer machine to perform the calculations itself.

Furthermore, court documents said the toxicologist knew about the calculation error and didn’t disclose the information until 2021.

The Kitsap case bypassed the typical appellate process and went straight to the state Supreme Court because of the extraordinary circumstances surrounding the case. The case could have had major implications for thousands of DUI cases due to law enforcement agencies statewide using the breathalyzer machine at the center of the case.

In the decision to hear the case, the Supreme Court Commissioner said, “This decision has the potential to affect a great number of Washington prosecutions for driving under the influence; this case involves significant public interest questions.”

THE COURT’S ANALYSIS AND CONCLUSIONS

In its decision, the Supreme Court said current statutes and regulations don’t require the breathalyzer machine to calculate the average of the tests itself at the time of the test for it to be admissible in court. The Court said no source of law requires the calculation required by former WAC 448-16-060 to be performed by the breath test instrument. Also, the breath test results can be calculated in a different manner, as long as the different manners meet all other rules on admission of evidence in a criminal trial. Finally, the State can lay foundation for admitting the breath test by performing the required calculation at a later time.

With that, the Court reversed the district court’s evidentiary rulings and suppression order.

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.

Why Does Crime Increase During the Holidays?

Bellingham Defense Attorney, Domestic Violence, DUI, Mount Vernon Criminal Defense Attorney, Retail Theft, Skagit County Criminal Defense, Theft, Whatcom County Criminal Defense, , , , ,

Holiday Drinking: Beware Seasonal Triggers for Overindulging in Alcohol | Rutgers University

When most people think about the holidays, they imagine quality time spent with family and friends. Unfortunately, although it’s the season of giving and goodness, holiday crime statistics show that retail theft and other crimes spike by 30% or more. There are several reasons why holiday crime statistics are higher than any other time of year.

REASONS WHY CRIME INCREASES DURING THE HOLIDAYS

  • Increased consumption of alcohol: Many events surrounding the holidays involve food and drink, and some people take the risk of driving home drunk.
  • Heightened emotions: Some people have a difficult time during the holidays. They may have been cast away by family members or living in a home where domestic violence is present. Self-inflicted wounds, addiction, and assaults are more common in those who become more emotional during the holidays. Strong emotions can cause people to make impulse decisions they may later regret.
  • Increased theft: The business and distractions of hectic stores, and the pressure to give gifts during the holidays can lead some people to resort to theft.

CRIMES COMMITTED DURING THE CHRISTMAS HOLIDAYS

Black Friday, Boxing Day, and seasonal sales bring the busiest shopping times of the year. Despite the reduced prices and great deals, some people are tempted to steal from stores and from customers. Organized Retail Theft and shoplifting are crimes which tend to increase this time of year. Cyber fraud and theft also rise during the holidays as more people use online payments to buy gifts. There are several frauds that ask people to click links or give personal banking information to unsolicited emails.

Another crime that increases during the holidays is Domestic Violence. Increased stress, financial troubles and Depression are contributing factors. This, in combination with the increased alcohol consumption and drug abuse, contribute to this spike.

NEW YEAR’S EVE CRIMES

New Year celebrations usually see an increase in crimes such as Driving Under the Influence (DUI). Many people celebrate the entrance of a new year by drinking with friends and family. Some people may think they have control over their actions or over the vehicle when they drive home drunk. However, law enforcement is aware of this. That’s why many officers patrol the streets on holiday emphasis patrols. Keeping the streets safe is one of their primary duties over the holidays. Therefore, the chances of getting caught are even higher than one might think.

Please contact my office if you, a friend or family member are charged with a crime during the holidays. Don’t tarnish Christmas or New Year’s Eve with a criminal conviction. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA State Patrol Kicks Off “Home For the Holidays” DUI Enforcement Campaign

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Washington State Police: Home for the Holidays Traffic Safety Campaign | Local | bigcountrynewsconnection.com

Accoding to a press release, the Washington State Patrol (WSP) and the Washington Traffic Safety Commission (WTSC) will work together to enforce DUI pullovers and encourage drivers to make good choices.

The “Home for the Holidays” traffic safety campaign continues now through New Years Eve. Historically, the WSP observes an increase in all collision types during this time frame, as well as an increase in impaired drivers on our roadways.

“While we can’t prevent all collisions, buckling up and slowing down, particularly in wet conditions, dramatically improve the chances that drivers and their passengers will survive a crash and avoid serious injury.” ~Shelly Baldwin, WTSC Director.

Encouraging drivers to make good choices behind the wheel is especially important considering the rise in fatality collisions across Washington state over the past several years. According to preliminary WTSC data, there have been nearly as many fatal collisions between through September 2023 (578) as compared to the same timeframe in 2022 (582). Last year was a 32-year high for fatality collisions across Washington state.

Numbers from the WTSC show 776 lives were lost across the state due to traffic related collisions in the months of October, November, and December from 2018 to 2022. Of those tragedies, 40 percent involved impaired drivers, 30 percent involved excessive speed, 16 percent involved distracted drivers, and 29 percent of those killed were pedestrians or pedal cyclists.

“Fatality collisions are preventable tragedies, and we must all do our part in order to help save lives,” said WSP Chief John R. Batiste. “Buckling up, slowing down, and driving sober can help make sure we all make it home to our loved ones for the holidays.”

Drivers are asked to checklist check road conditions before heading out.

  • Buckle up and ensure all occupants are also properly seat belted before driving;
  • Follow posted speed limits and slow down as necessary in adverse weather and around vulnerable road users, including walkers and cyclists;
  • Increase following distance, especially in adverse weather or low light conditions;
  • Always choose to drive sober;
  • Avoid distractions, such as the use of a hand-held cell phone or watching videos while driving.

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