Is My DUI Arrest On Video?

Posted on February 7, 2013   |   by Lundin Law PLLC

Whenever you see a DUI arrest documented on one of the police television police shows, there is always a videotape of the driving, the field sobriety tests, and other parts of the processing.  Sometimes, the video also includes the actual breath test.  People expect that DUI arrests will be recorded.

Drug Recognition Expert’s Opinion Not Always Admissible

Posted on December 15, 2012   |   by Lundin Law PLLC

Officers who have special training to detect whether a DUI driver is impaired by drugs are known as  “Drug Recognition Experts” or “DREs.” Washington State has a growing number of officers who have received this training and DUI officers in Seattle and King County are emphasizing the detection and arrest of drivers who are suspected of being DUI because of drugs. This is especially true since the passage of I-502, the marijuana legalization law.

Can I Take A Blood Test Instead Of A Breath Test?

Posted on November 13, 2012   |   by Lundin Law PLLC

When a person is arrested for a misdemeanor DUI in Washington State and taken to the police station the police will usually ask: “Will you take the breath test?” The answer to this question can greatly influence the complications that will arise from the DUI arrest, including length of license suspension and also the mandatory minimum DUI criminal penalties.

Some people don’t answer with a “yes’ or “no” but rather with the statement “I would like a blood test.”

Probation and EtG Urine Testing

Posted on October 24, 2012   |   by Lundin Law PLLC

If you are placed on probation for a DUI arrest in Washington state, one of the conditions is often not to consume alcohol. Probation and your alcohol treatment provider are given great latitude in enforcing that order, and most do so by requiring urinalysis (UA) tests.

Most people believe that they can pass a urinalysis if they have not been consuming alcohol recently. That used to be true but many treatment providers and probation officers are now utilizing Ethylglucuronide (“EtG”) Urine tests. EtG urine testing detects alcohol metabolites in your urine. Depending on the type of screening that is performed some studies suggest that an EtG test can detect alcohol metabolites in your urine as far back as 80 hours from the time the alcohol entered your system.

DUI And Your Nursing License

Posted on June 4, 2012   |   by Lundin Law PLLC

In 2006, the legislature directed the Department of Health (DOH) to adopt rules about mandatory reporting of health care practitioners who commit unprofessional conduct, or unable to practice safely. Part of this new regulatory scheme is the requirement to self-report even if there has been no criminal conviction as the new rules require disclosure of pending actions triggered by an arrest. A DUI arrest falls into this rule of disclosure.

Can Body Temperature Affect Your Breath Test Results?

Posted on May 2, 2012   |   by Lundin Law PLLC

Washington State DUI laws provide that the test of a DUI suspect’s alcohol level will be done by taking a sample of breath, and generally not blood.  However, breath alcohol content and blood alcohol content can be different, especially when a person’s body temperature is elevated.

When one drinks, the alcohol is absorbed by the body and eventually gets into the bloodstream. That same alcohol gets into the breath of a person through the interaction of the lungs and the bloodstream. It is a well known fact, however, that body temperature affects how much alcohol is passed from the blood to the breath. For instance, if a DUI suspect drank enough beer to produce a  blood alcohol reading of .07 (under the legal limit) you would think that the breath alcohol reading would be .07 as well. If the subject had a fever, however, the breath alcohol reading would be higher, perhaps over the .08 legal limit. This is not a theory but it is a scientific fact.

You Can You Lose Your License If You Are An Alcoholic?

Posted on September 27, 2011   |   by Lundin Law PLLC

The State of Washington emphasizes alcohol treatment when necessary in connection with a Washington state or Seattle DUI arrest or conviction.  However, it is not well known that even in the absence of a DUI conviction or a DUI arrest, the DOL will not issue a license to an individual who has been classified as an alcoholic or an alcohol abuser.

How Many Drinks Is Too Many To Drive?

Posted on May 2, 2011   |   by Lundin Law PLLC

Clients often ask us, “How much is too much to drink before getting behind the wheel?” Unfortunately, our answer is always “It’s complicated.”

The simple answer is that “too much” is the amount that causes a breath test reading of .08 or more within two hours of driving. This is the clear cut standard set by law under RCW 46.61.502.

But how is a driver to determine whether he or she is .08 or higher before driving? The fact is that there is no practical way to make this determination with precision.

30 Days In Jail For Violating DUI Probation

Posted on April 10, 2011   |   by Lundin Law PLLC

One of the relatively unknown aspects of Washington State DUI law is that the penalties for violations of certain mandatory requirements of probation will result in mandatory sentences that the judge must impose. Take the case of an individual for whom this is the first DUI conviction. Either one or two days of jail time would likely be imposed, along with other penalties, and the judge would “suspend” all of the remaining jail time (nearly a year of jail time) on condition of compliance with the terms of probation. If there is a violation of probation, the judge has the power to impose some or all of the remaining jail time. In certain circumstances, however, the judge is required to impose 30 days of confinement.

Washington’s Minor DUI Laws Don’t Curb Underage Drinking and Driving

Posted on January 19, 2011   |   by Lundin Law PLLC

Nobody wants minors to drink and drive and Washington’s minor dui law is known as a “zero tolerance” law. Washington’s law prohibits a minor from driving after consuming alcohol. The law is commonly known as a “Minor DUI” but it a violation does not require proof that the minor drove under the influence of alcohol.  All that is required is that the minor drive after drinking, as evidenced with a breath test reading of .02 or higher. It is considered a simple misdemeanor, but minor DUI carries potential jail time and licensing consequences for minors.