Category Archives: police

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

Blood Test, Department of Licensing, DUI, law enforcement, marijuana, misdemeanor, police, , ,

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.

Drug DUI: The Brass Tacks

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

Pima County Drugged Driving Attorney | Tucson Drug DUI Defense Lawyer | AZ

Yes, I’ve blogged on this before – the passage of Washington Initiative 502 (I-502) and its impacts on DUI investigations. Consider this Part II of an ongoing discussion.

Under I-502, it is now legal to possess marijuana in small amounts. Undeniably, this opens many legal issues for motorists suspected of Driving Under the Influence of Marijuana, typically called “Drug DUI,” “stoned driving” and/or “DUI-D.” What are the legal limits of THC consumption? How do officers obtain proof of Drug DUI? How does I-502 affect minors charged with Drug DUI? What are the consequences of refusing an officer’s attempts to obtain proof of DUI-D?

Under I-502, the legal limit for THC is 5.00 nanograms. Officers obtain THC readings from blood tests administered in hospitals. Consequently, I-502 gives law enforcement officers more incentive to transport citizens to a hospital and seek a blood test if the officer suspects Drug DUI. Citizens refusing the blood test shall be charged with an upper level “Refusal” DUI for violating RCW 46.20.308, which is Washington’s Implied Consent Law. Worse, an officer now has discretion to immediately seek a warrant for a citizen’s blood. With warrant in hand, the officer may obtain a blood test from the citizen anyway, despite the citizen’s prior refusal.

Under RCW 46.20.308, which is Washington’s Implied Consent statute, the citizen’s license, permit, or privilege to drive will be revoked or denied for at least one year.  Refusal of the blood test is also admissible in a criminal trial. In the case of minors, I-502 imposes zero tolerance.

In short, the impacts of I-502 are extremely egregious. Fortunately, there’s also a lot of room for error on the part of law enforcement officers charging citizens with Drug DUI. Some of these issues – in the form of defenses – are as follows:

(1) Why did the officer initiate the pullover?

(2) Was the officer trained as a Drug Recognition Expert?

(3) What is the officer’s probable cause for arresting someone for Drug DUI?

(4) Was the citizen informed of the Implied Consent Law?

(5) What constitutes a Refusal?

(6) How did the officer obtain a warrant for a blood test?

(7) Did a licensed medical professional draw the blood?

(8) Can the Prosecutor establish the chain of custody showing who took the blood, who sealed it, and who tested it? And more, are these individuals available to testify?

(9) How does being charged with DUI-D affect citizens who are licensed to smoke marijuana; citizens who probably have elevated levels of THC in their blood anyway?

These issues, and more, affect the outcome of your case. Immediately consult an experienced criminal law attorney like myself if you’re facing Drug DUI charges.

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.

Extra DUI Patrols Nab 1,600 Washington Drivers

Blood Test, Constitutional Rights, Department of Licensing, Drug Offenses, DUI, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, , ,

Drive Hammered-Get Nailed - Impaired Driving TV Ad on Vimeo

Police across Washington state arrested more than 1,600 people during a recent drunken-driving enforcement campaign.

According to statistics from the Washington Traffic Safety Commission, 1,603 drivers got busted during this summer’s “Drive Hammered, Get Nailed” anti-DUI campaign, which ran from Aug. 17 to Sept. 3.

A grant from the Traffic Safety Commission paid for the extra patrols. The commission says August is typically one of the deadliest months on Washington’s roads.

My opinion?  Obviously, it’s important to know your Constitutional rights – and respectfully exercise them – during a DUI investigation.  Being stopped for DUI brings many legal issues to the forefront which a competent attorney can address.  Hopefully, your attorney can suppress the evidence and/or get the DUI charges reduced/dismissed.

Was the stop legal?  Was there enough evidence to establish probable cause to arrest?  Were you informed of the implied consent warnings?  Were you advised of your right to an attorney?  Did you provide a portable breath test reading?  Did you perform field sobriety tests?  Did you refuse the Blood Alcohol test at the jail?  If not, was your test result above .08?  Is there an administrative action from the Department of Licensing to suspend or revoke your driver’s license?

These questions, and a host of others, affect how an attorney represents you case.  Although it’s best to avoid a DUI in the first place, it’s equally important to hire competent counsel if you’re charged with DUI.

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.

Increased DUI Patrols in Whatcom County

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Uncategorized, Washington State Patrol, Whatcom County Criminal Defense, , ,

WSP upping DUI emphasis patrols - YakTriNews.com

Be careful.  Extra troopers, deputies and police officers will be on patrol this weekend in Whatcom County and around the state in an effort to get impaired drivers off the roads.

About 1,000 law officers will be on duty in Washington the nights of Friday, Dec. 16, and Saturday, Dec. 17, for the 21st annual “Night of 1,000 Stars.”  The name refers to the badges worn by officers who will be watching for traffic violations, especially drunken driving, aggressive driving, speeding, and failure to wear a seatbelt.  “Every single year that we go through this we arrest people who made a bad choice,” said Washington State Patrol Trooper Keith Leary. “We want people to take our message seriously.”

A State Patrol airplane will also patrol Northwest Washington both nights.

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.

Holiday Season Brings Extra DUI Patrols.

Bellingham, Blood Test, Department of Licensing, Drug Offenses, DUI, felony, Ignition Interlock Device, law enforcement, marijuana, misdemeanor, police, Privacy, Search and Seizure, Search Warrant, Terry Stop, Washington State Patrol, , ,

3 Tips To Avoid A Holiday DUI | DUI | DUI Lawyers | Criminal Defense

Revelers should keep an eye on their cocktail consumption, as law enforcement will be putting extra time into finding drunk drivers this holiday season, starting Thursday, Nov. 24.

State Patrol troopers, police officers and sheriff’s deputies are conducting extra DUI patrols from Thanksgiving to Jan. 2, in an effort to reduce injuries and deaths caused by drunken driving.

Officers in Whatcom County arrested 151 people for driving under the influence during the same period of increased patrols last year. The enforcement is part of Washington’s Strategic Highway Safety Plan to eliminate traffic fatalities by 2030.

My advice?  Take a taxi!  Paying $10-$50 for a ride home is MUCH cheaper than $5K in attorney fees, fines, suspended license costs, evaluations, and treatment.

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.

Sheriff’s Office Patrolling the Waters

Blood Test, Boating Under the Influence, Drug Offenses, DUI, law enforcement, marijuana, misdemeanor, police, Search and Seizure, Search Warrant, Terry Stop, Washington State Patrol, , ,

Amazon.com: LEGO City Police Patrol Boat 60129: Toys & Games

On land, sea and air . . .

Boaters hitting the water for the first weekend of summer should have a designated captain, as the Whatcom County Sheriff’s Office will be launching extra patrols on county waters starting Friday, June 24.

The patrols will look for people who are boating under the influence of drugs or alcohol through Sunday. The effort is part of a nationwide weekend of enforcement aimed at reducing the number of alcohol-related accidents on the water.

As part of the extra patrols, deputies will be making contact with boaters, doing safety checks and performing enforcement. Regular enforcement patrols will take place throughout the 2011 boating season.

My opinion?  Watch your drinking!  BUI (Boating Under the Influence) is the same as DUI (Driving Under the Influence) and carries similar penalties: jail, court fines, loss of license, alcohol evaluations, probation, etc.  It’s tempting to drink out there in the open water, but BE SAFE.

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.

DUI Emphasis Patrol Begin June 24

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

DUI Enforcement | City of Vancouver Washington

Be careful . . .

Extra DUI patrols will be enforced throughout Whatcom County from June 24 to July 4.

The patrols are part of an annual statewide emphasis on DUI enforcement. More than 20 percent of deaths related to drunk driving happen in June and July, according to the Washington Traffic Safety Commission, which is funding the increased patrols through a grant.

During last year’s summer patrol emphasis, police arrested 91 motorists in Whatcom County for driving under the influence.

Drunk driving is involved in about half of all deaths on state roads, according to the commission. In 2010, there were 229 deaths involving a driver under the influence of alcohol or drugs in Washington. That’s 17 percent below the previous five-year average.

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.

State v. Schultz: Warrantless Search of Home

911 Call, Constitutional Rights, Domestic Violence, Drug Offenses, Exigent Circumstances, felony, Knock & Talk, law enforcement, marijuana, Methamphetamine, misdemeanor, police, Privacy, Search and Seizure, Search Warrant, Washington Supreme Court, , ,

Vindictive Police: 6 Detectives Search Yehuda Glick's Home following Temple Mount Arrest | The Jewish Press - JewishPress.com | David Israel | 24 Shevat 5780 – February 19, 2020 | JewishPress.com

Excellent opinion. In State v. Schulz, the WA Supreme Court held that the Exigent Circumstances exception to the Search Warrant requirement was inapplicable when police unlawfully searched the Defendant’s home.

BACKGROUND FACTS

Officers received a 911 call about a couple was yelling inside their apartment.  Officers drove to the scene.  The woman, Ms. Schultz, consented to the officer’s request to enter the apartment.  Officers found a marijuana pipe.  Upon their find, they also conducted a more intrusive – and warrantless – search of the apartment.  Methamphetamine was found. Ms. Schultz was charged with Possession of Methamphetamine.

COURT’S REASONING AND CONCLUSIONS

The WA Supremes reasoned the test for an emergency aid exception (also called Exigent Circumstances) entry has been expanded to include the following elements: (1) The police officer subjectively believed that someone likely needed assistance for health or safety concerns; (2) a reasonable person in the same situation would similarly believe that there was need for assistance; (3) there was a reasonable basis to associate the need for assistance with the place being searched; (4) there is an imminent threat of substantial injury to persons or property; (5) state agents must believe a specific person or persons or property are in need of immediate help for health or safety reasons; and (6) the claimed emergency is not a mere pretext for an evidentiary search.

They further reasoned that here, the mere acquiescence to an officer’s entry is not consent to search.  It is also not an exception to our state’s constitutional protection of the privacy of the home. Finally, while the likelihood of domestic violence may be considered by courts when evaluating whether the requirements of the emergency aid exception to the warrant requirement have been satisfied, the warrantless entry in this case was unnecessary.  Officers merely heard raised voices from outside the home.  The agitated and flustered woman who answered the door indicated that no one else was present in the home.  No emergency existed.

My opinion?  Good decision.  Granting a police officer’s request to enter the home is not, by itself, consent to search the home.  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.

Latest DUI Emphasis Patrol Nets 151 Whatcom County Drivers

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

Drive Hammered Get Nailed! - The Bee -The buzz in Bullhead City - Lake Havasu City - Kingman - Arizona - California - Nevada

The latest “Drive Hammered, Get Nailed” campaign put more officers on patrol during the holiday season and resulted in 151 Whatcom County drivers being arrested on suspicion of drunken driving.

The campaign began Nov. 25 and ended Jan. 2. The Washington State Patrol, the Whatcom County Sheriff’s Office and the Bellingham, Ferndale and Western Washington University police departments participated.

Statewide, more than 3,500 people were arrested for DUI during the campaign.

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.