Category Archives: DUI

Thanksgiving DUI Patrols

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Thanksgiving Weekend DUI Patrols

The Washington State Patrol (WSP)  issued a press release stating that DUI emphasis patrols are now happening in Pullman as WSU students travel this Thanksgiving holiday.

According to the press release, troopers in Spokane, Whitman, Adams, Grant and Kittitas counties will be focusing on speeding to include driving too fast for conditions, distracted/impaired driving and other collision-causing violations during the emphasis. Motorists traveling to and from WSU will see an increased WSP presence on State Routes 26 & 195 as well as Interstate 90 over Snoqualmie Pass.

“We encourage travelers to pay close attention to posted speed limits and to be prepared for changing road and weather/winter driving conditions,” said the press release. “You can find current road and weather conditions on all state highways by going to the website or mobile apps provided by the Washington State Department of Transportation (WSDOT).”

Thanksgiving Day Holiday Period Estimate for 2021

According to the National Safety Council (NSC), 515 people may die on U.S. roads this Thanksgiving holiday period. If this estimate holds true, Thanksgiving 2021 will experience the most deaths since 2007. Holidays are traditionally a time of travel for families across the United States. Many choose car travel, which has the highest fatality rate of any major form of transportation based on fatalities per passenger mile. Holidays are also often cause for celebrations involving alcohol consumption, a major contributing factor to motor-vehicle crashes. Because of the unprecedented impact COVID-19 is having on social activities, the uncertainty of this year’s estimate is increased. 

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.

Mapped: Countries by Alcohol Consumption Per Capita

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Great article in Visual Capitalist by Omri Wallach describes the phenomenon of world-wide alcohol consumption. Alcohol might be one of the oldest and most frequently used recreational substances in the world, but examining countries by alcohol consumption shows that usage is not equal.

Consumption levels, and types of alcohol consumed, vary widely based on location. Furthermore, the availability of fruits and grains used in alcohol production impacts which drinks are more commonly consumed, as does the predominant culture. Some cultures see alcohol consumption as a pleasurable experience, while others see intoxication as a sin.

There’s also the question of economics and availability. It’s strange, but in some regions of the world, industrially mass-produced alcohol can flood markets and become cheaper than other beverages, including water.

When we map alcohol consumption by capita, and by different types of alcohol, these local and cultural stories come to light. The above maps use recorded consumption data from WHO for 2019, in liters of pure alcohol.

EUROPE LEADS IN PER CAPITA ALCOHOL CONSUMPTION

The top 10 countries by alcohol consumption highlight the prominence of alcoholic beverages in European culture.

Eight of the 10 countries with the top alcohol consumption per capita were in Europe. Primarily, they were Eastern and Central European countries, including #2 Latvia, #3 Czech Republic, #4 Lithuania, and #5 Austria.

But the crown of alcohol consumption per capita goes to the Cook Islands, which leads the world with an annual per capita consumption of 13L (3.4 gallons) of alcohol.

Per capita consumption of alcohol also highlights clear regional preferences in amount and type, or a lack of interest.

The biggest consumers of alcohol are countries in Central Europe, the South Pacific, and parts of the Caribbean. In Europe, beer and wine are kings, with most of the top consumers also being top producers such as France and Germany.

Spirits like rum, meanwhile, are dominant in the Cook Islands and much of the Caribbean, which has four of the 12 top spirit consumers. The others are mainly in Eastern Europe and Russia, which get most of their alcohol consumption from vodka.

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

Exigent Circumstance DUI

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In Lange v. California, the United States Supreme Court held that the pursuit of a fleeing misdemeanor DUI suspect does not always qualify as an Exigent Circumstance justifying a warrantless entry into a person’s garage.

FACTUAL BACKGROUND

One night, the Defendant Mr.  Lange drove by a California highway patrol officer while playing loud music. The officer followed Lange and soon after turned on his overhead lights to signal that Lange should pull over. Rather than stopping, Lange drove a short distance to his driveway and entered his attached garage.

The officer followed Lange into the garage. He questioned Lange and, after observing signs of intoxication, put him through field sobriety tests. A later blood test showed that Lange’s blood-alcohol content was three times the legal limit. The State charged Lange with the misdemeanor of DUI.

Lange moved to suppress the evidence obtained after the officer entered his garage, arguing that the warrantless entry violated the Fourth Amendment. The Superior Court denied Lange’s motion, and its appellate division affirmed. The California Court of Appeal also affirmed. It reasoned that the pursuit of a suspected misdemeanant was always permissible under the exigent circumstances exception to the warrant requirement. The California Supreme Court denied review. The United States Supreme Court (USSC) granted it.

ANALYSIS & CONCLUSIONS

The USSC held that under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.

The Court began by saying the Fourth Amendment ordinarily requires that a law enforcement officer obtain a judicial warrant before entering a home without permission. But an officer may make a warrantless entry when the exigencies of the situation, considered in a case-specific way, create a compelling need for official action and no time to secure a warrant. The Court has found that such exigent circumstances may exist when an officer must act to prevent imminent injury, the destruction of evidence, or a suspect’s escape.

The Court reasoned that misdemeanors run the gamut of seriousness, and they may be minor. States tend to apply the misdemeanor label to less violent and less dangerous crimes. Furthermore, it reasoned that when a minor offense (and no flight) is involved, police officers do not usually face the kind of emergency that can justify a warrantless home entry.

“Add a suspect’s flight and the calculus changes—but not enough to justify a categorical rule,” said the Court. It further reasoned that in many cases, flight creates a need for police to act swiftly. But no evidence suggests that every case of misdemeanor flight creates such a need.

“When the totality of circumstances shows an emergency—a need to act before it is possible to get a warrant—the police may act without waiting. Those circumstances include the flight itself. But pursuit of a misdemeanant does not trigger a categorical rule allowing a warrantless home entry.” ~United States Supreme Court.

The Court followed up by saying In short, the common law did not have — and does not support — a categorical rule allowing warrantless home entry when a suspected misdemeanant flees.  With that, the Court vacated Mr. Lange’s criminal conviction.

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

Women Are Reportedly Drinking More During COVID Pandemic

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Excellent article by reporter Yuki Noguchi of NPR describes how cases of alcoholic liver disease — which includes milder fatty liver and the permanent scarring of cirrhosis, as well as alcoholic hepatitis — are up 30% over the last year at the University of Michigan’s health system, says Dr. Jessica Mellinger, a liver specialist there.

More startling, the increase disproportionally impacts young women.

Alcoholic liver disease often takes years to manifest. But it can become a threat for women more quickly because their bodies process alcohol somewhat differently than men’s.

So why the increased drinking? The reasons are clear.

Noguchi reports that women have borne the brunt of many new pressures of pandemic life, from virtual school and increased responsibilities at home, even as ads and pop culture have continued to validate the idea of drinking to cope: Mommy Juice, Rosé All Day, Wine Down Wednesdays. On top of that, eating disorders and underlying trauma from physical or sexual violence often add fuel to the fire, fanned by social isolation.

Just the sheer amount of trauma is really, really tragic,” said psychiatrist Dr. Scott Winder, a clinical associate professor at the University of Michigan who treats patients with alcoholic liver disease.

As stay-at-home orders began in some US states as a mitigation strategy for COVID-19 transmission, Nielsen IQ reported a 54% increase in national sales of alcohol for the week ending March 21, 2020, compared with 1 year before; online sales increased 262% from 2019.1 Three weeks later, the World Health Organization warned that alcohol use during the pandemic may potentially exacerbate health concerns and risk-taking behaviors.

Please contact my office if you a friend or family face alcohol related charges like DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA: Bad State to Drive

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Skagit County Criminal Defense, Studies, Vehicle Prowl, Vehicular Assault, Vehicular Homicide, Whatcom County Criminal Defense, , , ,

Apparently, Washington is one of the nation’s worst states to drive in, according to a new study released Tuesday.

The study, by personal finance website WalletHub, found that Washington ranks as the third-worst state for drivers, thanks mainly to steep gas prices, high rates of car theft, poor overall road quality, traffic congestion and other factors.

The only states with a worse rating than Washington are California and Hawaii, the report found. The best state for drivers is Texas, followed by Indiana at No. 2 and North Carolina at No. 3, according to the analysis.

The study arrived at the rankings by comparing all 50 states across 31 key metrics, such as traffic congestion, gas prices, auto maintenance costs, car theft rate and number of days with precipitation.

Specifically, the analysis found that Washington has the third-highest gas prices in the nation, the eighth-worst roads and ninth-highest car theft rate.

The only categories in which Washington was rated above average were its overall safety ranking, the number of car dealerships per capita and the number of auto repair shops per capita. The study also found that traffic congestion costs U.S. drivers $88 billion per year and wastes 99 hours of their time.

It’s also heartening to officials with Washington State Patrol and the Washington Traffic Safety Commission, which are among the agencies working toward Target Zero, a statewide effort to eliminate all fatal and serious injury traffic incidents by 2030. Critics of strict enforcement of speed limits charge that the link between speed and safety is exaggerated because of biases embedded in data collection and inaccuracies found in some police reporting on accidents.

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

DUI’s Raise Insurance

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

Great article by Andrew Hammond of the Tacoma News Tribune says that according to the Northwest Insurance Council, extra patrols will be deployed to look out for impaired motorists this holiday season. And unfortunately, it doesn’t stop there.

Hammond also reports that NW Insurance Council President Kenton Brine said, “Long after the arrest, conviction, possible jail time and fines, the consequences of having a DUI citation can continue to increase the cost of insurance for offenders.”

“To an insurer, having a DUI indicates a highly risky driving history, which is a primary factor insurers use to determine auto insurance premiums. Insurance companies may review a motor vehicle report upon renewal of an auto policy to discover any citations, including a DUI. Drivers with an infraction for DUI would likely see a premium increase or surcharge, or their policy may not be renewed.”  ~Kenton Brine, President of the Northwest Insurance Council.

DUIs can be caused by the use of marijuana, prescription drugs and even over-the-counter drugs like Nyquil and Ambien as well as alcohol.

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.

Survey Finds Binge Drinking Increased Nearly 20% Every Week of COVID Lockdowns

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Apparently, binge drinking increases during Coronavirus lockdowns. According to a survey, adults consume more alcohol when lodged in their homes during coronavirus lockdowns.

Nearly 2,000 Americans over 18 years old completed the online questionnaire. It identified binge drinkers as those who consume five or more drinks within two hours for men and four or more drinks for women within the same period.

The survey found that the odds of consuming heavy amounts of alcohol jumped an extra 19% every week of lockdown.

“Increased time spent at home is a life stressor that impacts drinking and the COVID-19 pandemic may have exacerbated this stress,” ~survey/study author Sitara Weerakoon, an epidemiology PhD candidate at the University of Texas.

On average, every respondent was in lockdown for four weeks, spending 21 hours at home each day, with the majority (72%) working from home. Survey participants’ average age was 42, with the majority being white and female.

The odds of picking up a bottle of booze among binge drinkers were more than double that of regular alcohol consumers — 60% and 28%, respectively, according to the survey.

Binge drinkers also reported downing four drinks per drinking session, sometimes drinking a maximum of seven drinks. Meanwhile, regular alcohol drinkers consumed an average of two drinks per session, often capping out after that second beverage.

The researchers also found that living with children reduced the odds of drinking by 26% for people, in general, the release said.

My opinion? The Coronavirus Pandemic – mixed with the holiday season and the general uncertainty of politics and rampant unemployment – seems to have Americans turning to alcohol. Unfortunately, Domestic Violence and DUI cases tend to rise in situations like these.

Please contact my office if you, a friend or family member face criminal charges and alcohol is a factor. Hiring an experienced and effective criminal defense attorney is the first and best step towards justice.

Exigent Circumstances for Warrantless Blood Draw

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In State v. Rawley, the WA Court of Appeals held that Exigent Circumstances justified an emergency DUI blood draw at the scene of a car collision. Here, the driver exhibited the effects of alcohol and a telephonic search warrant could not be obtained.

BACKGROUND FACTS

At 2:55 PM, Deputy Aman responded to a two-car, head-on collision. The defendant Ms. Rawley had crossed the center line, causing her vehicle to collide with another vehicle. Rawley was trapped in her vehicle.

As Deputy Aman spoke to Rawley, he noted a strong smell of alcohol and that her speech was slurred and repetitive. Rawley admitted to drinking alcohol.

The paramedics freed Rawley from the vehicle and placed her in the ambulance. Deputy Aman went to the ambulance and learned that IV fluids and medications were about to be administered to Rawley.

Deputy Aman felt exigent circumstances existed to draw Rawley’s blood to check her blood alcohol content (BAC) before administering IV fluids. The paramedic drew Rawley’s blood at 3:07 PM. IV fluids started at 3:23 PM. The ambulance left for the hospital at 3:23 PM. Rawley’s BAC was .35—over 4 times the legal limit under statute.

The State charged Rawley with felony driving under the influence. Before trial, Rawley made a CrR 3.6 motion to suppress the results of the blood draw. The trial court denied her motion. Following a bench trial, the trial court found Rawley guilty of felony driving under the influence.

Rawley appealed on the issues of whether exigent circumstances justified a warrantless blood draw.

COURT’S ANALYSIS & CONCLUSIONS

The Court began by stating that warrantless searches and seizures are per se unreasonable and in violation of the Fourth Amendment and article I, section 7 of the Washington State Constitution. However, under Missouri v. McNeely, the U.S. Supreme Court recognized an exception to the warrant requirement allows a warrantless search or seizure when exigent circumstances exist.

“Exigent circumstances exist where the delay necessary to obtain a warrant is not practical because the delay would permit the destruction of evidence,” said the Court.  “But the natural dissipation of alcohol in the blood may support a finding of exigency in a specific case, for example, when delay results from the warrant application process.”

Next, the Court of Appeals addressed whether the warrantless blood draw was lawful under the exigent circumstances based on State v. Inman, a WA Court of Appeals case involving  a DUI motor vehicle injury collision occurring in a rural area with spotty phone service. In Inman, the Court held that a search warrant was not required before a blood sample collected under the exigent circumstances exception is tested for alcohol and drugs.

“The circumstances here are like those in Inman. Rawley was in a head-on collision and was trapped inside her vehicle. Her speech was slurred and Deputy Aman could smell intoxicants on her breath. Rawley admitted to drinking. One of the paramedics told Deputy Aman he would be administering IV fluids and then taking Rawley to the hospital. Deputy Aman was aware that IV fluids are generally administered if there is concern for internal injuries. In Deputy Aman’s experience, a warrant request could take on average up to 45 minutes during the day.” ~WA Court of Appeals

The Court of Appeals decided Inman was similar to the present case and was properly relied upon by the trial court. “Accordingly, the trial court’s findings of fact support the trial court’s conclusion of law that exigent circumstances justified the warrantless blood draw based on Inman.”

In closing, the Court of Appeals rejected Rawley’s arguments that a police officer must inquire into the type of IV fluid being administered in order to show that exigent circumstance existed because the IV fluids would alter the blood test results.

“There is no binding legal authority requiring police officers to be knowledgeable of medicines and their effect on blood alcohol content.” ~WA Court of Appeals

With that, the Court of Appeals affirmed Rawley’s conviction for Felony DUI.

Please contact my office if you, a friend or family member face Alcohol DUI charges and evidence was obtained through a warrantless blood draw. Hiring a competent and experienced trial attorney is the first and best step toward justice.

Memorial Day DUI Patrols

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The WA State Patrol (WSP) issued a press release that troopers will be out in full force to ensure motorists have a safe Memorial Day weekend. Extra troopers will be on duty to strictly enforce the “Rules of the Road” and will pay particular attention to dangerous speed, distracted driving, seat belt usage and impaired driving violations.

According to its press release, the WSP has seen a sharp increase statewide in motorcycle fatality collisions over the last few months. In 2020, 12 of the 17 motorcycle fatalities on Washington roads occurred during the month of April. Speeding was a common factor in these almost always preventable collisions. Impaired driving continues to be one of the leading causes of serious injury and fatal crashes in Washington State.

“We will have zero tolerance for drivers who are stopped and are impaired . . . Our troopers will continue to do what it takes to remove these dangerous drivers from our roads.” ~Captain Jeff Otis, WSP District 4 Commander

Also, the WSP encourages motorists who see these types of dangerous driving behaviors to call 911.

Please contact my office if you, a friend or family member face criminal charges like DUI, Reckless Driving, Vehicular Assault or any other crimes involving vehicles. Hiring an experienced attorney is the first and best step towards justice.

DUI & Opinion Evidence

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In City of Seattle v. Levesque, the WA Court of Appeals held that a police officer, who is not a Drug Recognition Expert (DRE), may not give an opinion on whether the defendant was guilty of DUI.

BACKGROUND FACTS

On April 29, 2015, the Seattle Police Department dispatched Officers Hinson and Officer Coe to the scene of an automobile accident involving two vehicles. Levesque had failed to stop his vehicle prior to hitting the vehicle in front of him. The accident caused moderate to severe damage, and Levesque’s vehicle could not be driven.

Officer Hinson placed Levesque under arrest for DUI.

Although Officer Hinson had received training in field sobriety tests (FSTS), he did not perform any FSTs at the scene because of Levesque’s symptoms, the absence of any alcohol smell, and the location of the accident and corresponding impracticability of FSTs. Officer Hinson did not perform a horizontal gaze nystagmus (HGN) test for signs of impairment. Officer Hinson, who is not DRE certified, testified that he attempted to contact a DRE by radio, but no DRE was available.

For those who don’t know, a DRE  is a police officer trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol.

After arresting Levesque, Officer Hinson transported Levesque to Harborview Medical Center, where he had his blood drawn. The drug analysis results showed that Levesque’s blood contained 0.14 milligrams per liter (mg/L) of amphetamine and 0.55 mg/L of methamphetamine. The City charged Levesque with DUI.

Before trial, Levesque moved in limine to exclude any testifying officer’s opinion on ultimate issues. The trial court granted the motion but ruled that an officer could state “in his opinion, based upon the totality of the circumstances, that Levesque was impaired.” The trial court also granted Levesque’s additional motion to exclude officers as experts but declared that an officer—testifying as a lay witness—could “certainly testify to what he objectively observed during the investigation.”

Officer Hinson testified that through his training and experience Levesque showed signs as possibly being impaired by a stimulant. When asked to opine as to whether Levesque was impaired by drugs, Officer Hinson testified that his opinion was that Levesque was definitely impaired at the time of the accident.” Levesque objected to Officer Hinson’s testimony and requested a mistrial outside the presence of the jury following a lunch recess. The court overruled Levesque’s objections.

Also at trial, Levesque offered an alternative theory for his perceived impairment. Levesque’s defense theory was that he was prescribed medication for injuries which explain his behavior. In support of this defense, Levesque presented testimony from his physician about treatment and prescriptions that she gave Levesque prior to the accident, her diagnoses, and Levesque’s symptoms.

The jury convicted Levesque of driving while under the influence. Levesque appealed his conviction to the superior court, which reversed based on Officer Hinson’s opinion testimony. The city of Seattle (City) appealed.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals reasoned that opinion testimony must be deemed admissible by the trial court before it is offered. Opinion testimony may be admissible under ER 701 as lay testimony or ER 702 as expert testimony. However, when opinion testimony that embraces an ultimate issue is inadmissible in a criminal trial, the testimony may constitute an impermissible opinion on guilt. Furthermore, impermissible opinion testimony regarding the defendant’s guilt may be reversible error.

Here, the opinion testimony at issue consists of Officer Hinson’s statements that Levesque showed signs and symptoms of being impaired by a specific category of drug – i.e., a CNS stimulant – and that Levesque was “definitely impaired” at the time of the accident.

“We conclude that because Officer Hinson was not a drug recognition expert (DRE) and lacked otherwise sufficient training and experience, he was not qualified to opine that Levesque showed signs and symptoms consistent with having consumed a particular category of drug.” ~WA Court of Appeals

Furthermore, the Court of Appeals reasoned that because the officer’s opinion that Levesque was “definitely impaired” constituted an impermissible opinion of Levesque’s guilt, the trial court’s admission of that testimony violated Levesque’s constitutional right to have the jury determine an ultimate issue. Finally, because Levesque presented an alternative theory for his behavior, the City did not establish beyond a reasonable doubt that any reasonable jury would have convicted Levesque. “Therefore, we affirm the superior court’s reversal of Levesque’s conviction,” said the Court of Appeals.

My opinion? Excellent decision. And excellent work on behalf of his defense attorney. They did a great job of making a record for not only trying to suppress the officer’s opinion evidence during motions in limine, but also for properly objecting at the right time and preserving the issue for appeal when the officer unlawfully offered the opinion testimony.

Under Evidence Rule 704, witnesses may not testify to opinions concerning intent, guilt, or innocence in a criminal case; the truth or falsity of allegations; whether a witness has testified truthfully; or legal conclusions. This is because testimony from witnesses on these issues is not probative and is, in fact, prejudicial to criminal defendants. Good opinion.

Please contact my office if you, a friend or family member are charged with DUI. Hiring a competent and experienced criminal defense attorney who is well-versed on pretrial motions and the rules of evidence is the first and best step toward justice.