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How Do I Get Around This New Year’s Eve?

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

December 30th, 2011: Law Blogger

It’s almost 2012! Are you excited? You ask some people what their favorite holiday is and they’ll give you a myriad of answers, but the sheer volume of people out and about during New Year’s Eve will tell you that December 31st tops their list.

What other holiday can you dress up, let off the steam of a whole year, and not really care because everyone else is doing it? But of course, this doesn’t mean that laws and consequences don’t apply. That’s where concerns about drinking and driving come in.

Believe it or not, the police have found out about New Year’s Eve and are out in force looking for the drunk drivers. This is not only to keep the streets and pedestrians safe, but it’s also a fantastic source revenue for the state and municipality. See? Everyone wins, except you if you’re caught drinking and driving.

What to Expect If You Are Caught Drinking and Driving

The Washington State legislature has been particularly active this year making the Driving Under the Influence (DUI) Laws that much more stringent. If you think that you can talk your way out of the ticket, think again. If the multiple local arrests for drunk driving this year including Legislators, Mayors, and even Prosecutors has shown the general public that getting out of a DUI arrest is virtually impossible.

Here’s what happens:

  • You will get tested on the roadside and recorded on a dash cam so try to look your best.
  • You will get to blow into a tube. If you refuse, the consequences get even worse when you’re prosecuted (and you WILL be prosecuted).
  • Your car will get impounded and held for (up to) 48 hours.
  • You will ride in a police car to the jail.
  • You will get your picture taken.
  • You will spend the night in jail with people you probably would never have wanted to meet.
  • You will get fined up to $5000.
  • You will go to court.
  • You might get more jail time.
  • You might get an ankle bracelet detaining you to your home and work.
  • You might get to blow into a tube in order start your vehicle for up to a year after.

If this is not your first DUI offense, the rules tighten up considerably, and according to new legislation passed this year, if you are deemed a habitual offender with 3 or more arrests, it becomes a felony. This has multiple lasting consequences that change your life considerably.

Getting Around On New Year’s Eve

Regardless of where you go and how you get there, expect to go slow because the roads are packed until about 1am the closer you get to urban areas and destinations such as Casinos, concert venues, etc. This makes most paid rides such as taxis, limos, and town cars expensive, but still worth it. However, getting to a venue is not generally the problem, it’s after you have had that bottle of champagne, two shots of “I forget, but it was red and fruity,” and the other drinks along the way.

Metro (Seattle Metro, Sound Transit, Regional Transit) – Metro generally has some late night schedules running past midnight. Know your schedules and choose a route and destination. Have a contingency plan if you miss the bus. Be careful walking to the bus stop and waiting, it would be best to choose a well populated bus stop. And Remember, the key to riding transit is patience.

Taxi – Expect long waits both to be picked up at the beginning of the night and the end of the night. Remember, everyone wants a taxi the same time you do most likely so calling the taxi company can be dicey, so identify your nearest taxi stand and dress warm for a long wait. Those can be found at casinos, hotels, and have been installed in some of the most popular places in Seattle. Expect to pay no less than $50 no matter where you go. It’s worth it.

Limo and Town Car – These have most likely been reserved, but if you have friends who have an extra space, grab it. The cost should be no more than a cab for each individual in the group and gives you a great safe mobile party. However, if the driver is just giving you a ride to your car so that you can drink and drive from somewhere else, it’s not worth it.

Party Bus – There might still be some space left on a party bus. They pick up from a centralized place at a certain time and drop off at a certain time. This is a great way to get around safely and meet new people. However, make sure that if they drop you off at your car that there is an all night café to get food and water to help you sober up before driving.

Walking and Neighborhood Parties – One of the best New Year’s Eves you can ever have is right by your home celebrating with your community either in local bars or at a neighbor’s house. It lets you meet new people you see often, but never met personally, and most of all you support your local business. Also, with all of the money you save on taxis, you can allocate the money to a new dress or bottle of fine champagne. You deserve it.

DUI Victim’s Attorney

New Year’s Eve is one of the best times of the year because to many people it signifies a fresh start. But starting the year with a DUI or vehicular homicide charge could make it the year that your life took a turn for the worse. Would you spend $100 on a taxi to save yourself $5000 in fines, potential loss of your job, and possible jail time? Most people would say yes.

Phillips Webster represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve.

Call Phillips Webster today for a free consultation.

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Why Does Washington State Have One of the Highest DUI Fatality Rates in the US?

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

December 1st, 2011: Law Blogger

It may be shocking to hear that Washington State has one of the highest driving under the influence (DUI) fatality rates in the country. The Northwest seems so sparsely populated, laid back, liberal, and almost innocent in a way. But then you see the statistics: highest suicide rate, largest population of heroin addicts per capita, one of the largest domestic producers of meth amphetamine. This underbelly is enough to make you cringe.

This sad fact about DUI was revealed by the organization Mothers Against Drunk Driving (MADD) in their annual report. MADD is a grassroots movement that has grown to influencing national policies on DUI. And why not? Nobody wants to disappoint their mother. But disappoint we have and they suggest in the report that we be sent to our legislative rooms to draft tougher laws against drunk driving.

Washington State DUI Fatalities

MADD says that in 2009 there were 206 DUI-related traffic deaths in Washington state. This comprises nearly 42% of traffic fatalities in the state for that year. Only Connecticut, Hawaii and South Carolina had higher death rates from DUI.

That year was also a busy year for Washington law enforcement across the state as police stopped nearly 20,000 3-time DUI offenders and over 2,100 5-time offenders. MADD has recommendations specifically for Washington state to help with this disturbing conclusion.

According to the report “Washington has the most comprehensive ignition interlock law in the nation but could take additional steps to help save more lives. The state needs a better child endangerment law, legalization of sobriety checkpoints and utilization of no-refusal activities to further crack down on drunk driving.”

5 Criteria to Curb Drunk Driving

MADD has five criteria with which to determine the effectiveness of any given state’s DUI policy. States are assessed, determined, and then given stars for each policy that they comply with. There are only 5 five-star states: Arizona, Illinois, Kansas, Nebraska, and Utah. Washington, even with our horrid fatality rate, still rates three stars.

Drunk driving criteria:

Requiring Ignition Interlocks for all Drunk Driving Offenders – MADD cites more than 15 peer-reviewed studies to back their recommendation for laws that require devices such as ignition interlocks (breathalyzers set in the steering wheel that require little to no alcohol be detected before the convicted DUI offender can start their car). The Centers for Disease Control recommended this year that every state pass an all-offender ignition interlock law. By implementing this law alone, New Mexico and Arizona have reduced DUI fatalities by 36 and 46 percent.

Conducting Sobriety Checkpoints – Many people in Washington State find the prospect of checkpoints unsavory, leaving sort of a Gestapo taste in the mouth. Opponents also cite the fact that traffic is bad enough without daunting line of cars waiting for the police to stumble upon a suspect. However, according to MADD, sobriety checkpoints are proven to reduce DUI fatalities by an average of 20% by acting as a general deterrent to drinking and driving. Though opponents also say that it is a wasted use of manpower, MADD says checkpoints are cost-effective, reducing drunk driving expenses by at least six dollars for every dollar invested.

Enhancing Penalties for DUI Child Endangerment – DUI child endangerment is an issue that actually hits the headlines often without the required horrific car accident that thrusts other DUIs into the local headlines. This is where an adult chooses to drive drunk with a child or children in the vehicle and you would be amazed at how often it happens. MADD says enhanced penalties, such as making the crime a felony, are important ways to make adults think twice before acting so irresponsibly. This may run into an issue with the state’s roll in custody and parenting rights.

Participating in No-refusal Events – Refusing to submit to Breathalyzer or bloods test (BAC testing) is a serious thing in Washington State, but according to MADD, not serious enough. By refusing to submit to BAC, the organization says it could present a significant challenge to law enforcement and the courts. MADD insists that “no-refusal weekends” are successful in reducing the number of offenders who refuse BAC testing. The only way a State can get a no-refusal star, even if they have a no-refusal plicy in place is if drivers stopped have a 10% or lower refusal instance.

Utilizing Administrative License Revocation – Administrative License Revocation (ALR) is standard punishment for drunk driving in Washington State through the immediate confiscation of the offender’s driver’s license by the arresting officer. MADD says that studies show that ALR reduces DUI fatalities by as much as 9%.

Seattle DUI Victims Lawyers

Okay, so Washington State, with its 3 stars, is somewhat middle of the road in the country when it comes to DUI convictions, but the state has been pretty good about releasing funds for DUI patrols at crucial times such as holidays and summer months. But many advocates say that the patrols are not effective if the penalties for DUI are not stringent enough to curb the behavior.

It seems that the large fines, possible jail time, mandatory impound, and public record are not enough to scare people into making better decisions, particularly young people. Some have suggested that there needs to be more education and a change in social perception of the severity of the act of drinking and driving. Until then, the victims, their families, and advocates continue to fight.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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Drinking and Driving Prevention Technology Takes A Giant Step

DADSS, DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

November 2nd, 2011: Law Blogger

Currently in the State of Washington, drinking and driving laws are becoming some of the most stringent in the country. For us and other advocates for victims of drinking and driving, we welcome it. Not everyone is on our side.

There are those who use individual freedom as their justification for lowered drunk driving standards. This extends from the .08 blood-alcohol content (BAC) standard to the obligatory breathalyzer installed into the automobile by the courts for habitual offenders. However, those who have been personally injured or had loved ones who have been killed by a drunk driver will point out the individual rights of victims.

One of these organizations is Mothers Against Drunk Driving (MADD). This organization has been a vocal advocate of radical steps at drunk driving prevention including laws that not only cite the behavior of individuals, but also the bars that serve them. Now they have taken it one step further with the Driver Alcohol Detection System for Safety (DADSS) research program. A program that will undoubtedly stir a lively push back from the car manufacturers and those in the legal community who choose to defend drunk drivers.

Driver Alcohol Detection System for Safety (DADSS)

The DADDSS program began its research in 2008 as a national effort to develop publicly-acceptable technology that will prevent the illegal operation of a vehicle by a drunk driver.

The $10 million cooperative research project between the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTS), representing the nation’s leading automakers, is now entering a new phase in which it will move out of the laboratory and onto the road. Researchers expect a drivable test vehicle to be ready within two years.

Researchers say that they are attempting to develop technology that won’t hassle sober drivers, requires no maintenance, and will be precise enough that it stops a driver when their BAC is at or exceeds 0.08.

“This will be lifesaving technology,” believes Rob Strassburger, Vice President of Safety and Harmonization of the Alliance of Automobile Manufacturers.

How Does It Work?

Two companies, Autoliv Development AB of Sweden and Takata-TruTouch of Auburn Hills, Michigan, are offering different alternative. Each were awarded $2.25 million to successfully demonstrating a working technology during the proof-of-concept phase. They have the potential for ultimately meeting stringent performance criteria established for DADSS.

Distant Spectrometry- Autoliv is developing a breath-based device, which they say performs a fast,  contact free, unobtrusive measurement of the driver’s breath alcohol. It utilizes concentrations of carbon dioxide as a measure of dilution of the driver’s exhaled breath. Multiple sensors placed in the vehicle cabin will allow the system to ensure that the breath sample is from the driver only and not other passengers.

Tissue Spectrometry – Takata-TruTouch is working on a touch-based approach that can measure BAC by shining an infrared light on the user’s skin. A portion of the light scatters several millimeters through the driver’s skin before returning back to the skin’s surface where it is collected by the optical touch pad. This light contains information on the skin’s unique chemical properties, which can be analyzed to determine the driver’s alcohol concentration.

The Court of Public Opinion

The public has been inundated with anti-DUI messages and now at least are aware or the problem. However, nationally, drinking and driving continues to be one of the leading causes of death and injury on America’s roads, claiming a life every 48 minutes. The NHTSA feels that the DADSS devices are a promising new tool to prevent drunk drivers and repeat offenders from getting behind the wheel.

Opinion research indicates that the public is ready for such a device. Research shows that two-thirds of those surveyed considered the use of advanced technology to keep drunk drivers off the roads to be a “good” or “very good” idea. Authorities cite the fact hat there were still nearly 11,000 such fatalities in 2009, nearly one-third of the traffic toll. They estimate that DADSS could prevent an estimated 8,000 drunk driving deaths a year.

Seattle DUI Victims Lawyers

As we recognize that this is a radical approach, if their numbers are correct this could reduce drunk driving fatalities by an amazing 72%. With those kinds of results, the inconvenience is worth the overall effect on society as a whole.

This may prove to reduce the number of roadside shrines that occupy roads across the nation commemorating those lost to drinking and driving. The shrines are also a reminder that the measures as they stand currently are reducing the number of drunk driving deaths slowly, but now that technology has caught up to the need, it is time to not only change policy and force behavior changes.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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Is Driving on Marijuana Worse Than Driving On Alcohol?

drugged driving, DUI, DUI accident attorneys, DUI victims lawyers, marijuana, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

October 19th, 2011: Law Blogger

Let us state right up front, driving on either marijuana or alcohol is illegal and a completely boneheaded idea that could potentially kill you, your passengers, and any innocent people driving, riding their bikes, or walking around you. Even driving on prescription medicines is illegal. Just don’t do it.

Yet, it happens, and there are people with scientific credentials doing trials to measure the effects of driving while people are high on delta-9-tetrahydrocannabinol (THC), the active ingredient of the cannabis plant otherwise known as marijuana.

Studies have shown THC helps fight glaucoma, boost appetites in cancer patients, and reduce nausea, aches, and pains for some disease sufferers. One thing no study will tell you is that marijuana cures bad driving, so anyone who tells you that marijuana makes them a better driver should have their personal observations questioned from then on.

However, like we said, there are studies being conducted that shed some light on some misconceptions of the effects of marijuana on a person’s ability to drive.

“Given the ongoing epidemic of drug-impaired driving and the increased permissibility and accessibility of marijuana for medical use in the U.S., it is urgent that we better understand the role of marijuana in causing car accidents,” Dr. Guohua Li, professor of epidemiology at Columbia University, said about of his marijuana driving study (see below).

Alcohol Effects on Driving

Anyone who has had a drink knows the effects of alcohol. One of those effects is impaired judgment, so the more a person drinks, the more they think they can drive. This is merely the first of many problems that come along with the consumption of alcohol that makes people who drive drunk a massive danger on the road.

  • Impaired eyesight
  • Impaired equilibrium
  • Impaired reaction
  • Low attention span
  • Confusion
  • Enhanced mood (good or bad)
  • Fatigue
  • Chance of blackout

Marijuana Effects on Driving

According to NORML, the marijuana advocacy site, “Subjects under the influence of marijuana are aware of their impairment and compensate for it accordingly, such as by slowing down and by focusing their attention when they know a response will be required. This reaction is just the opposite of that exhibited by drivers under the influence of alcohol, who tend to drive in a more risky manner proportional to their intoxication.”

Some of the effects include:

  • Impaired reaction
  • Low attention span
  • Enhanced mood (good or bad)
  • Fatigue
  • Confusion

Research

Beyond what advocates say and the lighter list of impairments, a new study published in the October, 2011 issue of the American Journal of Epidemiology found that nearly 30% of fatally injured drivers tested positive for drugs other than alcohol, with marijuana being the main culprit.

Epidemiology – the branch of medicine that deals with the incidence, distribution, and possible control of diseases and other factors relating to health.

Researchers in the study used data gathered from 9 epidemiologic studies published in English in the past 2 decades to assess the association between marijuana use and crash risk. The researchers found that drivers who tested positive for marijuana within three hours of using were more than twice as likely to be involved in a motor vehicle crash.

Drug assessment methods were important in the study also. Researchers found that the crash risk was higher if the marijuana concentration levels found in the urine were higher. The reason for this is that high concentrations in urine denote recent use and the amount, whereas longer-term use (such as in habitual or medicinal users) is better assessed in hair follicle tests.

The study’s authors suggested that marijuana use may worsen reaction and coordination abilities, but weren’t sure whether the amount of marijuana used, or how it was ingested, contributed to the crash rates.

“The results of this meta-analysis suggest that marijuana use by drivers is associated with a significantly increased risk of being involved in motor vehicle crashes,” the study abstract stated.

Skeptics

The study also suggests that, like alcohol, the more marijuana a driver consumes before getting behind the wheel, the more likely they are to crash. This assessment and the actual danger behind the wheel has drawn some skepticism. One of those skeptics is from a very surprising place, the Insurance Institute of Highway Safety (IIHS) a long time advocate of stricter enforcement and penalties for drunk and drugged driving.

“We can’t really say yet that marijuana increases the risk by two or three times,” Chuck Farmer, director of statistics of the IIHS said about the October study cited above. “Most of their studies pointed to a very strong bad effect of marijuana on driving, but there are other studies out there that actually go the other way.”

Of course there are also advocates from NORML that will give an obvious biased, but will also cite many of the same studies that other skeptics do. Specifically on their website they cite a 2002 review of seven separate studies involving 7,934 drivers, which reported, “Crash culpability studies have failed to demonstrate that drivers with cannabinoids in the blood are significantly more likely than drug-free drivers to be culpable in road crashes.”

DUI Victims Attorney

Like our opening disclaimer, we don’t advocate anyone getting into their vehicle after ingesting any type of substance that has the remote chance of impairment, be it alcohol, marijuana, or an over the counter cough medicine. Thought those are very different in their power and effects, we urge people to please review alternative options such as mass transit or taxis to get where they are going after ingesting drugs, pain medication or alcohol.

Phillips Webster represents families of victims who have been hurt or died in car accidents in Washington state. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve. Call today for a free consultation.

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Are The Washington State DUI Laws Effective Enough?

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, Seattle DUI Victims Attorneys, Wrongful Death

September 8th, 2011: Law Blogger

If you are a regular reader of this blog or have been a client of Phillips Webster before, then you know that we are one of the most ardent advocates of victims of Driving Under the Influence (DUI) in Washington State. There are roughly 250 people wrongfully killed every year by drunken drivers in Washington, nearly one person for every weekday, and a large portion of those victims are young people. According to the National Highway Traffic Safety Administration (NHTSA) it is one of the main causes of death amongst people 16 to 22 years of age. We find these statistics dismaying and take them very seriously, because some of these statistics are not mere statistics at all, but our clients and their grieving families.

The loss of a loved one in the prime of their life is horrible, but this statistic doesn’t mention the thousands of victims that are personally injured (some permanently) due to DUI accidents every year. Many in the legal system are frustrated by these life altering incidents, but see little change in driver’s behavior. Commonly convicted drunken drivers serve less time because 1/3 is waived for good behavior. This, compounded by credit for time they spent in King County Jail and typically a 10 day early release, renders punishments hamstrung and, in some victims’ advocates minds, not fully effective.

“You would think that with that degree of carnage we would take a pretty tough line on this,” King County Prosecutor Dan Satterberg told KOMO Radio. “But under the state sentencing guidelines, a person who kills another person while they are drunk driving faces a standard sentencing range of 31 to 41 months.”

Strengthening Washington State DUI Laws

Washington State legislature House Bill 1789, was signed into law in May of this year. It tightens up the rules for felony DUI drivers (drivers that are habitual drunk drivers with 4 or more convictions or have hurt or killed someone with a car while drunk before). This is a law that advocates such as Mothers Against Drunk Driving (MADD) have been pushing for years and a major win for victims.

HB 1789 Tightens DUI Laws by:

  • Punishing habitual offenders - “Once you’re a felony DUI, you’re always a felony DUI,” said King County deputy prosecutor Amy Freedheim.
  • Takes into account prior offenses – The suspect’s overall driving record will be taken into consideration during hearings and sentencing.
  • Forces full sentences – This means no “good behavior” releases.
  • Requires ignition interlock device - A person convicted of felonious DUI is required to pay to install an ignition interlock device, under certain circumstances.

Satterberg was supporting a House bill, No. 1646, that would have made vehicular homicide by DUI equivalent to manslaughter – a charge less than murder given to people negligent for the death of another. HB1646 would also increase the sentencing range for driving under the influence (DUI) homicide to the equivalent of Manslaughter 1st degree. Instead of the standard sentence range for vehicular homicide in Washington State being 3.5 years maximum, the manslaughter first degree charge would increase the sentencing range to 78 to 102 months for the first offense (8.5 years maximum).

Unfortunately, the House Judiciary Committee did not take the necessary action to move the bill out of committee, so it remains lying dormant in the State Legislature. Satterberg said that the cost of incarceration is main issue that was a factor in why the bill died. He also pointed out that people are much more likely to die because of a drunken driver than be murdered.

By changing the DUI deaths to manslaughter charges, the designation would not be differentiated on the national level, and thus would suddenly make Washington State one of the most dangerous states in the country for murders committed. Not something legislators want prospective businesses and people thinking about moving to the state to see.

Washington State Drinking and Driving Laws

Washington State DUI laws, like most laws around the world, prohibit the operation of a motor vehicle by a driver not only under the influence of alcohol, but also under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants. These include prescription drugs that specifically warn against operating machinery.

The .08 percent limit is a general standard used across the US to determine which drivers are “impaired.” Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). This ensures that underage drivers and commercial drivers stay alert and responsible.

The DUI limits translate as such:

DRINK EQUIVALENTS: 1 drink / 1 dose equals:

  • 1 1/2 ounces of rum, rye, scotch, brandy, gin, vodka etc.
  • 1 12-oz. bottle of normal-strength beer 3-4%
  • Approximately 7 – 8 oz. of Malt Liquor, or a strong micro brew.
  • 3 ounces of fortified wine
  • 4 – 5 ounces of table wine

Allow an hour per dose before returning to work. Example 2 glasses of wine, allow two hours from time of last dose.

Seattle DUI Victims Lawyers

Though Washington State is somewhat middle of the road in the country when it comes to DUI convictions, but the state has been pretty good about releasing funds for DUI patrols at crucial times such as holidays and summer months. But many advocates say that the patrols are not effective if the penalties for DUI are not stringent enough to curb the behavior.

It seems that the large fines, possible jail time, mandatory impound, and public record are not enough to scare people into making better decisions, particularly young people. Some have suggested that there needs to be more education and a change in social perception of the severity of the act of drinking and driving. Until then, the victims, their families, and advocates continue to fight.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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What Are The Rules For DUI Vehicle Impound In Washington State?

DUI, DUI accident attorneys, DUI Impound, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

July 21st, 2011: Law Blogger

Seattle DUI Victim's LawyersThe rules in Washington State surrounding Driving Under the Influence (DUI) are changing rapidly. Why? Because people still insist on drinking, getting into their vehicles, and rolling the dice as to whether they’ll kill someone that night.

As the families of victims of drunk divers will tell you, any increase in severity of the DUI rules in Washington State is welcome. But there is that balance between personal liberty and the punishment fitting the crime. This covers many social rules such as owning a gun and drug use.

But in Washington, Governor Gregoir has been aggressive in making sure that our roads are safe. Not only have grants for extra DUI patrols in areas all over the state, but she implemented the Target Zero program that aims to end vehicular deaths in Washington completely by 2030. New, more stringent rules against those who drive under the influence is a big part of it.

DUI and Impounded Cars in Washington State

Tonight, a new rule takes effect that may just hamper your ability to get to work on time tomorrow if you go out drinking tonight and get a DUI. Of course, getting to work on time is the least of your worries. The rule requires vehicles driven by DUI suspects to be towed away and, with only a few exceptions, to be placed on a mandatory 12-hour hold at the towing company. Before the law, officers could let a sober friend take over the wheel, or a family member pick up the vehicle at roadside. That has all changed.

“This is about making sure that impaired drivers don’t return to their cars and drive again before they’ve sobered up,” said State Patrol Chief John R. Batiste. “This isn’t about trying to punish someone for driving drunk. If they’re found guilty that will become the court’s job.”

The reason why this rule changed is in response to an incident that happened in 2007. A driver in Whatcom County who had just been arrested and released returned to her unimpounded vehicle, drove before sobering up. She ended up causing a horrible crash that left one person seriously injured. That person turned around and sued Whatcom County and the State Patrol resulting in a nearly $5 million judgment.

Seattle DUI Victims AttorneysBut the suit exposed a real Catch 22 for law enforcement in Washington. For years police have been unable to stop DUI suspects from turning around and drinking and driving, sometimes within hours of being caught. It’s hard to believe, but it happens. Many jurisdictions around Washington lack jail space to hold DUI suspects. After processing, arrested persons are typically released to a responsible adult or allowed to take a taxi home.

The officers would want to take the extra step of impounding their vehicles, but the courts wouldn’t allow impounds without officers considering alternatives or having the driver’s permission, since a car is someone’s personal property and impounding their car may be construed as illegal seizure.

“It was the classic case of being between a rock and a hard place,” Batiste said told KOMO News. “We had someone whose judgment we knew was impaired, but we couldn’t lock them up, and we couldn’t secure their vehicle.”

DUI Impound Rules for Washington State

In anticipation of the many unique situations in which suspects are arrested for DUI, legislators have taken into account the needs of employers and individuals as “alternative owners” of those vehicles. As nearly 40,000 impaired drivers are arrested every year in Washington state, this law could disrupt the lives of many innocent victims of the DUI driver’s screw up. But there are three exceptions that would allow someone to reclaim the car prior to the end of the 12-hour wait period.

The three exceptions are:

• If the vehicle is owned by a business other than that owned by the DUI suspect.

• Registered co-owner may go and claim the vehicle.

• Commercial or farm transport vehicles reclaimed by a legal owner who is not the arrested suspect are the only types that can be released at the site of the arrest.

Other Changes to Washington State DUI Laws In 2011

Washington State legislature House Bill 1789, sponsored by Representatives Goodman, Pedersen, Roberts, and Miloscia was signed into law by Gov. Gregoir in May of this year. It tightened up the rules and made things considerably more expensive. It also takes habitual offenders (felony DUI) to task, something that advocates such as Mothers Against Drunk Driving (MADD) have been pushing for, for years.

What is a Felony DUI?

“It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if: (a) The person has four or more prior offenses within ten years as defined in RCW46.61.5055; or (b) the person has ever previously been convicted of (i) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), (ii) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or (iii) an out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection.”

Broadening the rules for felony DUI:

Habitual Offenders - Under the bill, felony DUI has no statute of limitations. “Once you’re a felony DUI, you’re always a felony DUI,” said King County deputy prosecutor Amy Freedheim.

Expanding Prior Offenses – The suspect’s overall driving record will be taken into consideration during hearings and sentencing. This will paint a picture of their attitude toward driving and determine whether they are responsible enough to operate a vehicle. Things that the court will consider include all vehicular assault or vehicular homicide convictions involving DUI.

Sentences – The bill will require any sentencing enhancement for DUI vehicular homicide to be served in full. This means no “good behavior” releases.

Ignition Interlock Device - A person convicted of alcohol-related reckless driving or first-degree negligent driving is required to pay to install an ignition interlock device, under certain circumstances. An ignition interlock device prevents a vehicle from starting if alcohol is detected. The driver must blow into the device, which measures the breath-alcohol content. The driver can start the vehicle only if the reading is under 0.025.

Seattle DUI Victims Lawyers

These laws are implemented because they protect the larger public. DUI is not a victimless crime, in fact, it is an epidemic that many legislators and safety advocates recognize as amongst one of the top concerns across the country. We welcome this revision in order to honor the thousands of innocent victims that have been personally injured or wrongfully killed due to DUI.

If you or someone you know have sustained serious personal injuries as a victim of a negligent driving accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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What Are the New Washington State DUI Laws for 2011?

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

April 18th, 2011: Law Blogger

DUI WashingtonThere has been a huge controversy in Washington over the past year regarding drivers and victims of Driving Under the Influence (DUI) accidents. This issue seems to be one of those hot-button issues that flares up every couple of years as the news reports another horrific loss of life due to DUI.

As penalties get stiffer, sentences get longer, and tolerance wanes, there is a struggle between the DUI drivers and victims. DUI drivers voice what they feel is fair and equitable within their rights and the families of the victims who need to cope for the rest of their lives with personal injuries or grieve for the loss of their loved ones voice what they feel is adequate justice for their pain.

This puts legislators and law enforcement in the middle to tread the fine line of trying to appease the victims, lower the death toll, and uphold equitable rights in the American legal system. What isn’t happening is people being deterred from drinking and driving and killing innocent victims. As such, the laws must adjust in order to get through to people that if they drink and drive, the consequences are dire.

Washington State DUI Laws

As with most states in the US, Washington employs a multi-tiered system for sentencing in DUI cases. This is based on the severity of the crime and whether the person is a repeat offender. Most states, like Washington, adhere to a standard Blood Alcohol Level (BAC) as dictated by the National Highway Traffic Safety Administration (NHTSA).

A person is driving drunk with a BAC of .08 on either a breathalyzer or a blood draw. Offenders possessing a BAC at or above .15 or those who refused to take a breath test face harsher penalties than those with a BAC of .08 to .149. There are further violations such as refusals to submit or associated criminal charges related to a given DUI arrest may incur additional administrative or criminal penalties.

Washington State Criminal Penalties

Incarceration - First offense convictions carry mandatory incarceration of one day; two days for offenders with BAC in excess of .15. Maximum incarceration in either case cannot exceed one year.

Electronic Monitoring - State of Washington courts can choose to employ a form of community control, known as electronic home monitoring, in lieu of mandatory incarceration for a period of 15 days or 30 days, depending on BAC of driver. This is an ankle bracelet that relegates the offender to their home or limited locations and routes.

Education - Alcohol assessment or substance abuse treatment possible, but not required in every case.

Fines – The very minimum fine an offender will incur is $865.50, with the maximum of $5,000 for offenders with BAC below .15. Offenders with BAC above .15 face fines of at least $1,120.50, not exceeding $5,000. These fines don’t include court costs and administrative costs related to completion of sentence or reinstatement of license, which can reach into the thousands depending on the situation.

Department of Licensing Administrative Penalties

Loss of License – For the first offense, a DUI driver faces a mandatory license suspension of at least 90 days, but if their BAC in exceeds .15, the driver faces license suspension of up to one year. Fighting this requires the offender contest the suspension at the administrative hearing, which could take months in-which the offenders license is still suspended.

Ignition Interlock Device – The defendant, if they suffer severe economic hardship due to license suspension, can petition the court to install an ignition interlock device.

Insurance – Drivers who attempt to reinstate their licenses either following suspension or during a probationary period are required to obtain SR-22 insurance coverage in Washington. The state requires:

  • Liability limits of at least $25,000 bodily injury per person.
  • $50,000 bodily injury per accident.
  • $10,000 property damage.
  • Minimum of 36 months coverage.

2011 Changes to Washington State DUI Laws

Of course, there are those who say that the laws aren’t strict enough. Those people are usually victims and the families of victims, along with their local legislators, who take the extra steps to make it progressively less desirable to drink and drive. That was one of the inspirations for the latest bill to pass the Washington State legislature, House Bill 1789, sponsored by Representatives Goodman, Pedersen, Roberts, and Miloscia.

House Bill 1789 broadens the prosecution of felony DUI:

Habitual Offenders - Currently a person is convicted of a felony DUI if they have four or more prior DUIs within 10 years, or a vehicular homicide or vehicular assault conviction involving DUI. Under the bill, felony DUI has no statute of limitations.

“Once you’re a felony DUI, you’re always a felony DUI,” said King County deputy prosecutor Amy Freedheim.

Expanding Prior Offenses – The offender’s overall driving record will come into play during hearings and sentencing to include all vehicular assault or vehicular homicide convictions, as long as the original charge was based on driving under the influence.

Sentences – There have been some concerns over people being convicted of vehicular assault or homicide serving shortened sentences for good behavior. The bill will require any sentencing enhancement for DUI vehicular homicide to be served in full.

Ignition Interlock Device - The bill requires a person convicted of alcohol-related reckless driving or first-degree negligent driving to install an ignition interlock device, under certain circumstances. An ignition interlock device prevents a vehicle from starting if alcohol is detected. The driver must blow into the device, which measures the breath-alcohol content. The driver can start the vehicle only if the reading is under 0.025.

Washington State DUI Victims Attorneys

DUI is a preventable crime that is far from victimless and offenders should be prosecuted to the fullest. We at Phillips Webster support any legislation that will help deter people from drinking and getting behind the wheel. We also have worked diligently for victims and their families of tragic DUI accidents to seek justice and fair compensation for their pain and suffering.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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13 Year-Old Thrown from Speeding DUI Accident Miraculously Suffers No Personal Injuries

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

January 21st, 2011: Law Blogger

DUI Victims AttorneyThere are many reasons why seatbelts are essential, but one major thing is that they keep passengers from being thrown from the car in the event of rollover crashes and other situations that centrifugal force would thrust the passenger out the nearest opening.

Though is it scary to be in these accidents with the glass and half empty bottles of water flying everywhere, but it is better to be surrounded by metal than thrown countless yards in a random direction, most likely landing on cement into oncoming traffic. Then there are the fortunate few who are deposited somewhere softer as was the case this week in Oak Harbor.

The State Patrol reported that Bradley Hansen, 51, of Oak Harbor, was driving a 2002 Chevrolet Impala around 10:20 pm north on Zylstra Road, a winding rural road outside of Coupville in the islands of Puget sound.

According to the Washington State Patrol and a witness, Hansen was traveling at a high rate of speed, something that the 2002 Impala was not designed to do, when he suddenly was forced to swerve to avoid a deer and lost control of the vehicle, the report indicates.

Zylstra Road resident Terry Mills said the Chevrolet struck a power pole, took out his horse fence and finally struck his 1998 Oldsmobile Regency parked in his driveway, about ten feet away from his front door.

One of the passengers in the Impala, identified by the state patrol as 13-year-old Ethan McKie, was thrown from the car and ended up in his horse field, Mills said. He was shaken, but walked away from the accident with bruises and scratches.

The other passenger, 51-year-old Jennifer McKie of Oak Harbor, also walked away from the accident with no apparent serious personal injuries, the state patrol reported.

Mills said he was amazed that nobody was injured in the accident.

“The car was going really fast,” he said.

The Chevrolet Impala was totaled. The Oldsmobile sustained “reportable damage,” according to the state patrol.

In addition to the deer, the state patrol report indicated that speed was a factor in the accident and that Hansen was charged with a DUI.

There is an obvious hazard of driving recklessly and drunk with passengers in the car, which could easily have led to a vehicular assault charge if they had been scathed in the accident. But there is also the fact that Hansen was driving drunk with a child in the car who was wearing no seatbelt. Hopefully with the loss of his car Hansen will realize the layers of bad decisions he made and how the accident was not only miraculous for the little boy, but his future too.

If you or someone you know have sustained serious personal injuries in a dui accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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DUI Driver Pleads Not Guilty to Multiple Infractions in Fatal Accident

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers, T-Bone Collision

January 13th, 2011: Law Blogger

DUI Victims LawyerThere are some people that trouble just follows around until, what may have been considered unlucky or bad behavior in their lives previously, turns into deadly behavior. We spoke of this behavior when we brought you this story the morning it happened. It’s called “driving drunk in the snow” and it caused a young man his life.

Lagrant D. Pegram, 35, of Auburn, was driving a Chevrolet Suburban approaching the intersection of South 320th Street and Pacific Highway South at about 2:30 am on December 29th. Witnesses said the SUV drove around two cars stopped for the red light and T-Boned an Acura, hitting it squarely on the driver’s side door killing driver Emmanuel Franco, 21, of Federal Way instantly.

A breath test after the crash showed Pegram had a blood-alcohol content of 0.242, 3x the legal limit of 0.08 in the state of Washington and most of the country, according to court documents.

Pegram denied the crash was his fault telling police at the scene that the Acura was traveling south and made a left turn in front of his Suburban, causing the collision. Unfortunately for him, the intersection has cameras. Police said the camera showed Franco was moving through a green light, legally driving west.

Police also said that Pegram’s account wasn’t consistent with the Acura’s damage. If Franco had made a left turn in front of the Suburban, the Acura would have been damaged on the passenger side, not the driver’s side.

Regardless of the evidence, Pegram entered a plea of not guilty this morning at the Regional Justice Center in Kent, where he remains in jail in lieu of $500,000 bail.

On top of being wasted, King County prosecutors say Pegram was also driving with a suspended license. He is also a felon on parole with several convictions on drug charges as well as a driving-under-the influence conviction from 2006.

If convicted of vehicular homicide, Pegram could be sentenced to between nine years three months and 11 years eight months in prison.

Our condolences go out again to the Franco’s friends and family. This process can be very hard on everyone.

It sounds as if this habitual offender has driven his last mile for a while, at least until the trial period is over. With all of the evidence and witness accounts it would seem to be a fairly cut and dry case, but as we all know, a trail isn’t done until the last verdict and all of the appeals have been exhausted. Hopefully for Franco, justice will be served.

If you or a loved one are injured or killed in a DUI wreck, it is important that you find legal council as soon as possible to help you through the legal components of the tragedy. Call the DUI Victim’s Attorneys at Phillips Webster for a consultation on your legal rights.

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“Drive Hammered, Get Nailed” Campaign Has A Fruitful Holiday of Drunk Driving Arrests

DUI, DUI accident attorneys, DUI victims lawyers, personal injury, personal injury attorney, personal injury lawyers, Seattle DUI accident lawyers

January 11th, 2011: Law Blogger

Seattle DUI victims lawyerPutting extra enforcement on the road seems to be working in many parts of Washington State. Despite the heavy advertising and the catchy campaign slogan (good enough for a tee shirt) there are inept people who still insist on drinking too much and getting behind the wheel no matter how much it will cost them in money, time, and reputation.

Law enforcement officers arrested 606 drivers in Pierce County and 3,577 drivers statewide between Nov. 25 and Jan. 2 as part of the annual “Drive Hammered, Get Nailed” enforcement period, according to the Washington Traffic Safety Commission.

The increased patrols were funded by a grant from the state. Participating agencies included the Bonney Lake, Buckley, DuPont, Fife, Fircrest, Gig Harbor, Lakewood, Milton, Orting, Puyallup, Steilacoom, Sumner, Tacoma and University Place police departments, as well as the Pierce County Sheriff’s Department and the Washington State Patrol.

The average blood alcohol level of people arrested in Washington for DUI is about .14.  That’s almost twice the legal limit of .08. The severity of DUI accidents are also pretty dependant on that number. The drunker people are the more likely they are to drift, pass out, or speed. This has killed hundreds of thousands of innocent people in Washington.

Here’s the breakdown of DUI Arrests in Washington State for the past five years:

  • 2005 - 41,872 arrests
  • 2006 - 42,029 arrests
  • 2007 – 41,569 arrests
  • 2008 - 39,455 arrests
  • 2009 - 41,006 arrests

The holidays are a great time to party, but a terrible time to die from a drunk driving incident. We fully support the efforts of law enforcement to keep the roads safe for families who just want to get home safely. The selfish act of putting the rest of society at risk by driving drunk can simply be quelled with a little bit of planning and restraint.

Please don’t drink and drive.

If you or someone you know have sustained serious personal injuries in a dui accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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