Is the rest of the nation next?

Currently, the “per se”[1] limit for alcohol impairment in every state is .08. However, that is about to change. The Utah legislature recently presented a bill for the governor’s signature lowering the legal limit to .05. The governor intends to sign it and the law is currently scheduled to kick in December 30, 2018 – just in time for a New Year’s Eve Emphasis patrol.

Driving while intoxicated is clearly dangerous, but would someone definitely be too impaired to safely drive with a BAC (Blood Alcohol Content) of .05? Depending on your size and body chemistry, you can be at .05 after just one drink.

Utah restauranteurs are particularly worried about this new law, since many folks like to enjoy a glass of wine with their meal. Could this mean that people will choose not to order the most profitable items on their menus? Does this mean Utah residents will eat out less often?

It is unclear what spurred the Utah legislature to make the change; there is no language in the bill regarding legislative intent. If they are relying on new scientific evidence no such evidence was cited.

[Read more…]

If you refuse a breathalyzer in Lakewood, the cops are going to stick you with a needle. And they might stick you even if you agree to blow, because who knows? Maybe you also have THC or some other drug in your system.

When you are arrested for DUI, the police typically take you to the station and ask you to blow into a breathalyzer. You can refuse, but if you do, your license will be suspended[1] for at least a year[2] (rather the 90 days you will get if you blow over .08), and they can get a warrant to search your blood anyway.

These days it doesn’t take much to get a warrant. The police just call a judge, even after hours, tell the judge why they arrested you, and the judge authorizes a “qualified” person to take your blood. It’s all done telephonically / electronically; there is very little lag time. [Read more…]

If defense attorneys had their way, officers would be required to give Miranda warnings immediately following the stop, rather than the arrest.

The investigating officer would be required to tell you, up front, that the purpose of their questions was to develop enough probable cause to arrest you, that you didn’t have to cooperate, and that, while you should be polite, you probably shouldn’t cooperate.

It’s totally ok to politely inquire whether the officer is asking you to do something or ordering you to do it. You must obey orders, but you don’t have to comply with requests. Many officers use tone, expression, and/or other tricks of intimidation to make you feel like it’s in your best interest to cooperate; don’t be coerced to give up more than you have to!

Assume that you are going to be arrested, and that nothing you do or say will change that. In fact, anything you do or say will be twisted to sound way worse, and just make the prosecutor’s job easier – and your attorney’s job more difficult.

In an ideal world (from a defense perspective), a DUI stop would go something like this:

Officer: “Do you know why I stopped you? Wait- you don’t have to answer that question. In fact, answering that question is probably a bad idea, because I will use whatever you say to prove that the stop was valid in case your attorney tries to challenge the stop later. If you say yes, you do know why I stopped you, I will consider this an admission of guilt – at least as to a traffic infraction. Your attorney would almost certainly tell you to say: ‘no, I don’t know why you stopped me.’ But go ahead and tell me anything you want to. But, remember: you don’t have to, it’s totally up to you.” [Read more…]

Driving under the influence of drugs and/or alcohol is a very serious traffic violation These charges can have long-lasting effects on drivers who are convicted. Here at The Law Offices of Barbara A. Bowden, our Tacoma, Washington, DUI attorneys often see DUI charges involving drivers who are under the age of 21. With these charges being so serious, we want to take a moment to look at some important statistics behind underage drunk driving, along with some tips about what to do if you (or your son or daughter) is pulled over under the suspicion of a DUI.

The Facts Behind Underage DUIs

Drunk driving laws and subsequent penalties for a DUI conviction are strict because these crashes can have drastic consequences—and also because Americans drive under the influence more often than most people realize.

According to the National Highway Traffic Safety Administration (NHTSA);

• 63% of Americans will be involved in a drunk driving accident at some point in their lives, even if this accident is caused by another driver or vehicle.
• More than 29 million people have admitted to driving under the influence at least once in the past year.
• Nearly one-third (29%) of convicted drunk drivers have already been convicted of a DUI prior.
• The average person convicted of drunk driving is a first-time offender—but he or she drives under the influence around 80 times—on average—before being caught.

Underage drunk driving is even more serious because drivers are technically breaking two laws: first, consuming alcohol under the age of 21, and second, driving while intoxicated. In the state of Washington, it is also common for underage drivers to be pulled over for driving under the influence of illegal drugs. According to the Washington State Liquor and Cannabis Board;

• Compared to drivers over the age of 21, drivers between the ages of 16 and 20 are twice as likely to die in a car accident when they drive while intoxicated.
• Teenagers who begin drinking alcohol around age 15 are four times as likely to develop an alcohol dependence, compared to individuals who wait until turning 21 to begin drinking alcohol.
• According to 2007 data from the U.S. Centers for Disease Control and Prevention (CDC), underage drunk driving in the state of Washington cost residents $1.4 billion in that one year alone.

So what’s the next step?

It is important for parents to be the first line of defense in these situations. It is important to talk to your son or daughter about the dangers of drunk driving and the appropriate steps to take following a drunk driving accident.

As with all DUI cases, it is important for teens to remember these points if they are pulled over for drunk driving:

• Respecting the law and respecting law enforcement officials is essential. Although drivers are not legally required to implicate themselves when a police officer asks whether they’ve been drinking alcohol, drivers always need to show respect and save any arguments for later.
• Implied consent laws mean that drivers are required to complete a drug or alcohol test if they are pulled over under the suspicion of DUI (and if the police officer requests it). Drivers can choose which type of chemical test they prefer, but the consequences of refusing to perform a test will be much more severe.
• Never assume that driving after drinking alcohol will be okay, even if you’re going somewhere “just down the road” or if you’ve “only had a couple drinks and don’t feel drunk.” It is always better for teens—and adults—to call a trustworthy friend or relative to pick them up. It is important to emphasize this when talking with your children.

It is crucial for parents and teens to understand that mistakes happen and that the consequences don’t have to last forever. At The Law Offices of Barbara A. Bowden, our team of compassionate and experienced DUI attorneys understand this. We’re committed to making the roads of Washington as safe as possible. Contact us today if you or your child has been pulled over for a DUI offense. We want to help.

Drunk and reckless driving is something that many movies and TV shows highlight for dramatic and/or comedic effect. Although these on-screen situations are certainly entertaining, they aren’t always the most accurate portrayal of what happens when an individual operates a vehicle under the influence or drives recklessly.

That being said, there are some important lessons to be learned from these movie and TV show clips. Let’s take a quick look at some of the most memorable scenes from the big screen that involve drunk driving or reckless driving:

1. The Mighty Ducks

Watch on YouTube

This was a 90s Disney classic that every Millennial (and their parents) are probably familiar with. The scene portrayed in The Mighty Ducks, where team coach Gordon Bombay is pulled over under the suspicion of drunk driving, is less flashy than most Hollywood portrayals of drunk driving. This scene is actually a good way to start off our list. It shows that anyone can make a mistake and be charged with DUI.

2. House of Cards

In the popular Netflix show House of Cards, the famous politician Peter Russo is pulled over for drunk driving. As many drivers do try to do, this character explained that he is too famous to be arrested for drunk driving—that perhaps a deal can be worked out instead. This is another rare case of a DUI arrest portrayed fairly accurately in a TV show.

3. Fear and Loathing in Las Vegas

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Fear and Loathing in Las Vegas provides an interesting perspective for driving under the influence of an illicit substance other than alcohol. Raoul Duke, the main character played by actor Johnny Depp, is clearly unfit to drive and his cognitive abilities are just as incapacitated as a drunk driver’s abilities (if not more so). In reality, this car chase scene probably wouldn’t happen. Technology has advanced so much that law enforcement officials can work together to locate and track drivers remotely and quickly.

4. The Wolf of Wall Street

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The Wolf of Wall Street provides another dramatic portrayal of driving under the influence of illicit substances. In real life, it’s not likely that a driver this incapacitated would be able to keep his or her vehicle running for as long as Leonardo DiCaprio’s character did. If nothing else, a real-life driver would be facing many painful injuries after causing that much property and vehicular damage.

5. Groundhog Day

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Getting out of this incident from Groundhog Day certainly wouldn’t be easy in real life. Even a small amount of property damage can mandate a hefty fine. Making casual jokes with the police officer who pulls you over is also not advisable. As this scene showed, it usually still leads to an arrest.

6. Easy Money

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The famous quote in this clip from the movie Easy Money—“I drive better when I’m drunk”—is unfortunately not as humorous when drivers use this logic to get behind the wheel after drinking. Research from the National Highway Traffic Safety Administration (NHTSA) shows that the average drunk driver will drive while intoxicated around 80 times before being caught, and 63% of the American population will be involved in a DUI-related accident (like the one narrowly avoided in Easy Money). Legislation called “open container laws” also prohibits passengers from consuming alcohol in a moving motor vehicle.

7. The Longest Yard

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This scene from The Longest Yard is a very good example of several things not to do when you are pulled over for reckless driving—and when police officers suspect that you are intoxicated. From insulting the police officers to showing evidence of his beverage, the main character played by Adam Sandler would be looking at a hefty fine and a long time in jail.

8. Planes, Trains, and Automobiles

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Driving in a straight line in between two 18-wheelers and getting out without so much as a scratch? Unlike this scene from the movie Planes, Trains, and Automobiles, it is not likely to happen. Reckless driving—even when alcohol isn’t involved—is still considered a serious offense.

9. Bridesmaids

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When Kristen Wiig’s character is pulled over under the suspicion of DUI, the police officer asks her to perform a quick sobriety test: walking in a straight line. In real life, a police officer would more likely ask a driver to take a breathalyzer test instead. Walking in a straight line isn’t exactly the best test of sobriety, especially when you’re wearing heels. Her character manages to get out of a traffic ticket by appealing to the officer’s emotions, but in reality a driver would still walk away with a ticket for reckless driving.

But Outside of Hollywood…

Although drunk driving may be entertaining on the big screen, it is something that isn’t quite so humorous when you’re involved in drunk driving incident in real life. Even though more than 29 million Americans drive drunk every single year, around 4,000 are arrested every single day.

At The Law Offices of Barbara A. Bowden, we understand that the average DUI in Tacoma, Washington, is much more serious than the average DUI in Hollywood. If you’ve been charged with driving under the influence of drugs and/or alcohol, contact our experienced legal team today.