Learn the latest changes in DUI law and outcomes of cases around the state.
No Search Warrant Required!
This past summer 2019 the Washington Court Of Appeals began to define what an "exigent circumstances" is, when confronted with a DUI investigation and warrantless blood draws.Read more →
Liar Liar, Pants On Fire!
What follows is a re-post of a recent New York Times story. In most instances when I come across a story worthy of discussing, I will include a link and discuss it at a local level. However, in this instances the integrity of the article would be compromised and so with full accreditation here it is. The title is “Why Police Lie Under Oath.” It is written by MICHELLE ALEXANDER and published in the NY Times Feb 2, 2013. Thousands of people...Read more →
Anatomy of a DUI: Processing at the Jail or Detention Facility & What is Next
Booking into Jail or Release for ArraignmentAfter submitting (or refusing) to a breath or blood test the officer will decide whether or not you will be booked into jail or released with an order toRead more →
Anatomy of a DUI: A DUI Arrest & Breath Test Procedures
Formal Arrest When a law enforcement officer has determined he has probable cause to arrest you for the crime of Driving Under the Influence a typical series of events ensues. Understand that each officer’s customs (good or bad; legal or not) vary and this is a general overview of what to expect. First, an officer will likely tell you to turn around and place your hands behind your back and the officer will apply handcuffs to you. If this command...Read more →
Anatomy of a DUI: The Pre-Arrest Screening
Whether the stop of your car occurs in Bellingham, Mount Vernon, Island County, or anywhere in Washington, once the officer has made a decision to stop the car for some traffic violation there is a face to face contact. In the DUI Detection world and specific DUI training, this is a phase where the officer is supposed to decide if only a traffic infraction should be issued, or if something “else” is going. Meaning, the thought process for the officer...Read more →
Anatomy Of A DUI: The Exit
Stop And Exit After law enforcement has made the decision to perform a traffic stop on your vehicle the investigation really has begun. Officers are trained at their law enforcement academy to begin observing indications of criminal activity immediately. Of course, one reason is for officer safety, but between the hours of about 10 p.m. and 3 a.m. officers are always on the lookout for DUI drivers. In the formal training of officers “Phase 1” of DUI detection has begun...Read more →
Anatomy Of A DUI: From Stop Through Breath/Blood Test & Beyond.
In an effort to expose and explain some DUI myths, this will be a series of posts dedicated to explaining how a "typical" DUI begins, and then the course it runs through DUI Prosecutions. Along the way, I hope to point out a citizens rights, obligations, and some systemic flaws. This will be a series of shorter posts in hopes of posting frequently (weekly) in small segments. All DUI prosecutions begin with law enforcement contact in some way shape or form.Read more →
A Meaningless “Right” In Bellingham-Whatcom County
You have just been arrested and provided a breath sample that seems very wrong. There is no way that the printed result could be right. After all how could it be when you only had 1 drink? Or in another scenario, you have spoken with an attorney before you have to give a breath sample and s/he has advised you to give a breath test and then exercise your right to an “independent” test of your choosing and tell the...Read more →