What are common DUI reductions in Washington State?

THE DUISEATTLE.COM BLOG : What are common DUI reductions in Washington State? THE DUISEATTLE.COM BLOG Your Community Resource for DUI and Criminal Traffic Defense in Washington State. Writings of Seattle DUI Lawyer and Seattle Criminal Lawyer W. James Kotlowski. A Discussion of Washington State DUI, Physical Control, Reckless Driving, Negligent Driving, Deferred Prosecution, Department of Licensing and Criminal Traffic Law Issues. 20 years of experience. Call or Text - 206.335.2422 for a Free Consultation. HomeArchivesProfileSubscribe Lawyer Walter Kotlowski | Top Attorney DUI Where can I do my DUI Jail time?What's the maximum jail sentence on a Washington State DUI?Is a Deferred Prosecution recorded as a conviction?What are common DUI reductions in Washington State?How long will my DUI case last?Will I be required to appear at the 5-year hearing on a deferred prosecution? Will a Fourth DUI be a felony in Washington State?How many days do I have to request a DOL Hearing?Will a DUI probation violation suspend my license?Will my alcohol evaluation be accessible by the public? Search OFFICEContact Information
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January 27, 2015 What are common DUI reductions in Washington State?Common reductions in DUI (from DUI) cases are Reckless Driving, Negligent Driving and less common Reckless Endangerment. The negotiating environment these days is very difficult and the key to getting a reduction or (plea bargain) is having an experienced DUI attorney working on your DUI case.

Posted at 04:58 AM in Plea Bargain, Practical Tips | Permalink

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Common Mistakes Made Following a DUI Arrest

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The Problem with DUI Prevention Advertising and A Common Sense Suggestion to End DUIs, Part 2

Before proceeding with more on my suggestion to have breath alcohol machines in all establishments that serve alcohol, I need to make it clear that the safest decision is to not drive when you are going to drink. No matter what amount you drink, no matter how much time should elapse between drinking and driving- don't do it. Your lawyer may or not be able to defend your case, but your Constitutional rights are second to your health. Another concern is avoiding a DUI stop and arrest which is supremely unpleasant even if found unjustified later.

My suggestion is to put breath alcohol machines in every establishment that serves alcohol. This can be equated with fire suppression equipment, or perhaps managed through Department of Health procedures. The machine must be operational and either located near the exit, or in a more discrete location- perhaps near the bathrooms. Use of the device must be free to patrons, and should be encouraged for everyone to use. This can be part of the liquor licensing process, with maintenance checks to make sure the machines are calibrated and working properly.

This will serve two purposes- first, the patron will have an idea of where his BAC is when they are leaving. This will help the drinker make an educated decision to drive or not. Second, it will help the person, driving or just using the machine for their own curiosity, understand what that particular BAC feels like. For instance, Patron X feels "okay," or "good to drive." He had a couple drinks, then waited 45 minutes to an hour, and is now getting ready to leave. Upon using the BAC machine, he may recognize that they are a .09% BAC. Surprised or otherwise, it will allow the patron to understand and examine what .09% BAC feels like when he had that many drinks and waited so long.

Patron X will also have an understanding of what .09% BAC feels like. He will begin to learn how much certain drinks (especially mixed drinks, with bartenders that can have a heavy hand) affect their BAC. Also, he or she can acquire the understanding that waiting can be successful, but usually requires more time to wait. For instance, the state's alcohol forensic experts will testify that burnoff (the human body processing the alcohol and thus reducing the effects) occurs at .015% to .02% per hour.

Next time Patron X is at a party, he can also have the same understanding of the alcohol they drank compared to their BAC at the bar last time. If these machines are required to be in every bar, restaurant or lounge, Patron X will have a greater understanding of both how individual drinks affects him/her, and what that specific BAC feels like at different times of their drinking. Again, a .09% just after drinking in a rising BAC will feel different than a .09% in a declining BAC many hours later (the Mellanby Effect).

This solution can be attached to an establishment's liqueur license. If we truly care about stopping drinking and driving, this solution goes to the core of the problem- helping the driver understand when he or she is impaired. While district attorneys make the same opening statement in trial- "Patron X made a decision to drive," the district attorney can not say, "Patron X made an educated decision to drive." More likely than not it was an uninformed, regretful decision that was made.

Please feel free to post a response or suggest your own idea. As always, if a regretful, uninformed decision to drive was made, and you or someone you know is facing DUI charges, I can always be reached for a free consultation.

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