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A “Physical Control” conviction is similar to a DUI except that the person is in physical control of the vehicle instead of driving it.  In the case of State of Washington vs. Edgar, filed in March 2021 the Washington State Court of Appeals dismissed a felony physical control conviction based on the “safely off the roadway” defense.   The defendant had parked inside a nearly empty five-acre parking lot and fell asleep with the engine running.  The opinion contained a photo from the officer’s dash cam showing the defendant’s truck sitting in a large parking lot that appeared empty or nearly […]

It is understandable to think of drunk driving and DUI as the same thing. But legally a DUI is not necessarily the same as drunk driving. The term drunk driving can be associated with being hammered and falling down drunk.  DUI on the other hand stands for Driving Under the Influence. The Washington State Pattern Jury Instructions include a reference to the ability to drive being affected to an appreciable degree in the definition of DUI.   That means it  doesn’t take much to be convicted of a DUI.   If you are charged  with a DUI you need an experienced DUI […]

Defending a DUI involves many different areas of knowledge. It starts with getting to know the client and caring about the client as a human being. Once the lawyer takes the time to do that they then get motivated to fight for the client. The lawyer must leave no stone unturned in building the defense case. Ares of investigation include the breath testing device records, the police report, and careful scrutiny of any available video or other electronic records. After putting together a game plan for the defense the lawyer then negotiates with the prosecutor for a reduction, and if […]

The Draeger is the current breath testing deviced used to take breath samples in DUI cases. There has been an ongoing battle over the source code which is used to ensure that the breath test results are accurate. A breath test reading can be affected by numerous factors such as the temperature of the breath. Defense researchers had been previously investigating the source code, but then Draeger threatened to sue claiming that the defense expert had violated a court protective order by sharing findings at a DUI defense conference, and sent them a cease and desist letter and also claimed […]

Starting January 1, 2019 if you have been arrested for DUI you must request a DUI hearing within 7 days of the arrest to contest the administrative suspension of your driver’s license.   If you do not then your license will be suspended within 30 days of the arrest.   The deadline used to be 20 days.   Now that it is 7 days there is even less time to respond to the impact that a DUI can have on your privilege to drive,  and other severe consequences that a DUI can have on you.  If you have been arrested for a DUI […]

When someone is stopped for a DUI, the police officer will often look inside the vehicle for items such as six packs, bottles of alcohol or other evidence.  In the case of State of Washington vs. Froelich No.  48026 (filed 2/14/17)  the Washington State Court of Appeals Division II held that a vehicle impound and search was unlawful and upheld the trial court’s suppression of evidence and dismissal of the charge.  The ruling was based on the finding that there was an insufficient basis to impound the vehicle because the impounding officer did not give sufficient consideration to other alternatives. […]