Seattle Criminal Attorney | Deciding to Take a Breath Test Just Got Tougher

Determining whether or not to undergo a breath test if you were detained for DUI used to be a huge determination. If you were asked to take on a blood alcohol examination and refused, you were subjecting yourself to increased consequences for refusing, but had the benefit moving ahead of not having to battle blood alcohol test results (something your Seattle criminal attorney would have enjoyed).

Well, now it appears more and more possible that the state of affairs may arise where you might say no a blood alcohol test, handle the worse penalties for the refusal, and in spite of everything be subject to giving blood alcohol results.

Most, if not all states, have created DUI laws that involve implied consent laws. In brief, these laws state that if you drive on the street in the state where an implied consent law exists, you are impliedly consenting to a breath test if the police possess probable cause to suppose you are DUI. Built into these implied consent laws, however, is the capability to say no the blood alcohol assessment if you so opt. The downside to denial, though, is the imposition of more stringent costs if found guilty of DUI (and a longer license revocation - for case, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).

But, things have changed a little recently. The police have started going to judges and asking for search warrants when people say no blood alcohol examinations. And numerous courts have upheld this system (the way the courts see it, the refusal has to do with the implied consent laws, not necessarily your right to be free from searches - that is covered by the fourth amendment, which can be overcome by demonstrating probable cause to a judge and getting a search warrant.

One detail is firm. If you have the capability to talk with an DUI attorney in Seattle prior to deciding whether or not to take a blood alcohol test, you ought to do so (and this is not just some law firm internet marketing scheme - it's really important). The issues revolving around breath analysis refusal are getting more and more knotty each day, and the only way you can be positive you are doing what is most excellent for you is by talking with an experienced Seattle criminal attorney and learning all of your options.

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Seattle Criminal Attorney | DUI on a Horse?

Because I'm a Seattle criminal attorney, people will come to me and ask me some very strange questions. Sometimes I think the questions are a little weird, sometimes I wonder how the question even got into the person's mind. And then I read the news.

I've never thought of it happening before, and maybe that is just because I don't ride a lot of horses, living in Seattle and all. But, if you live in a little more rural area or have friends and family living in rural areas where horses are sometimes utilized for transportation, the thought of being arrested for DUI on a horse may have crossed your mind at some point. But it doesn't make much sense from a practical standpoint, since you have to be operating a motor vehicle to be charged with Seattle DUI. But that doesn't stop some overzealous cops and overzealous prosecutor's from giving it a shot.

I came across this headline the other day and thought it was a misprint - "Charges Dropped in DUI on a Horse Case." Turns out the cops don't often think before they act, and figure arresting someone for something they think is a violation of the law is enough. Here is some of the story:

Two men charged in for driving under the influence on a horse have had their charges dropped.

Back in April, NewsChannel9 brought you the story of two men who were charges with driving under the influence on a horse. Greg Cooley and Jeff Owen were charged after police caught them riding the horses along Highway 201 in Tunnel Hill.

Eventually the charges were dropped by the District Attorney, who, as I would suspect any Seattle criminal attorney would do, after analyzing the facts against the law came to realize a horse is not in fact a motorized vehicle.

The sad thing is, if this were not picked up by the local news, it may have been prosecuted by the District Attorney, who may have just been hoping the guys would plead guilty before talking to a DUI attorney and realizing the arrest was erroneous. That is why whenever you are arrested for anything you need to speak with a lawyer as quickly as possible. In this case, talking to a DUI defense attorney at the outset may have gotten the situation resolved before it went as far as it did.

The great thing about criminal lawyers in general is that we love a winning case. If we'd known about this as it was going on, we would have been all over it, talking not only to those in charge at police headquarters, but also the District Attorney's office. Seattle cops are embarrassed enough by some of the things they do (did you hear about the jaywalking ticket the general manager of the Chicago White Sox received outside SafeCo Field last week?) that are technically legal. They don't need complete lapses of judgment like this to hit the news wire.

The lesson of the day here is that it is okay to drive your horse drunk. But, just be careful. There are no seatbelts, and a fall from a horse can really hurt!

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