Blog

You've had it happen. On the bus, in a restaurant, by that mustached voyeur in a bar–the eavesdropping epidemic. This affliction occurs every time a person sits a little bit too close and listens a little bit to hard to a conversation that is none of their concern. The prevalence of officious int...

Below is a story published in The Stranger detailing the large amount of first-time nonviolent marijuana possession defendants who are taken into custody. Many believe that Seattle's recent move to make possession of marijuana (under 40 grams) a civil infraction, which was struck down, indicates ...

Did you know in Washington State that you can be charged with a DUI even with a BAC under the legal limit of 0.08? This may seem counter intuitive but it is an unfortunate truth and one to educate yourself on. How can this be, I imagine you're asking–well, friend, it is due to the statutory langu...

You are compelled to stop by the flashing red-lights in your rear view mirror and have moments to make decisions that will impact your life in a significant manner. Before the officer approaches with requests you are not sure if you should grant. Please take time to read about the law and positio...

An ignition interlock device is a system installed in an individual's car after they are convicted of DUI. The device requires the individual to blow into the system before allowing the car to start and is available for those who have been convicted of DUI, but still need to use a car to get to w...

While it may be in your best interest to refuse the portable breath test (PBT), it is rarely a good idea to refuse the evidentiary breath test administered at the police station after your arrest. If you refuse the test at the station then your license will most likely be suspended for at least a...

A mother lends car to her daughter (minor) to drive. The daughter let her friend another (minor) friend to drive the car. The friend was drunk and wrecked the car. Who is responsible for paying? The facts are unclear to determine who is responsible for the collision. It could be all of them or j...

YES, whether or not you can be arrested for DUI is not only determined by your BAC, but also by the arresting officer's opinion and observations in in the field. In recent Washington case law, drivers have been cited for DUI with BAC's as low as .05. This means that even a causal dinner, with a d...

You may have seen recent traffic safety commercials stating, “Drive High, Get a DUI.” Simply said, the Washington State Patrol and local enforcement agencies have stepped up DUI enforcement across the state, resulting in skyrocketing arrest rates for marijuana-related DUI. Often times a driver wi...

In order for you to be extradited there needs to generally be a warrant for your arrest. If you did have one, it should have come up when you were arrested on the current DUI charge and you would have most likely been held without bond pending a decision by the other State in which you had the pr...

Taking prescribed medications should not be a violation of the conditions of a deferred prosecution, but it is probably wise to inform your attorney, probation officer and the court. If you're talking about prescribed marijuana, the answer depends on the treatment provider and the court. It is no...

Attorney Raymond Ejarque lead a seminar in March at the DUI conference called “Strategies in Defending DUI Cases in Washington” in Seattle on “Challenging your BAC results.” This included a discussion on how to read the Database Discovery Report and Use it to your advantage. Attorney Ejarque off...

Seahawks running back Marshawn Lynch was charged with two misdemeanor counts of drunken driving following a July 2012 arrest on Interstate 880 in Oakland.  Under a plea deal, he pleaded no contest to a lesser charge of reckless driving and was sentenced to 12 hours of DUI school, two years probat...

First of all, the fact that you blew below the legal limit within two hours of driving puts you in a very good position to challenge your case. Much of your case's success would be based on this other evidence. For example, if you performed well on the field tests and/or you were not displaying ...

When you are being charged with a DUI in Seattle, it is important to remember what happened when you got stopped by the officer. When the earliest opportunity comes, write down what happened during your field test, at the station, and any other information you can remember that can help your case...

When a person is charged with DUI in Seattle, he/she has four options to get their case resolved:  Pleading guilty, trying to negotiate a reduction in charges, entering a deferred prosecution or litigating the case at a trial. Of course there are other factors to consider such as evidence, prior ...

On October 1, 2012 the Department of Licensing raised its hearing fee from $200 to $375.  This fee increase will certainly have its effects.  For many people struggling in this tough economy this may mean forgoing the administrative hearing altogether due to the cost.  There is a DUI Indigent Wai...

If you were arrested for a DUI an officer may have hole-punched your driver's license. If your license has been punched this means the officer has reported your DUI arrest to the Department of Licensing (DOL). The hole in your license represents that the license will expire within the next 60 day...

When a person is charged with a DUI they have the option of handling it through a Deferred Prosecution. You may only use a Deferred Prosecution once in your life. Deferred Prosecutions are meant for those suffering from alcoholism and who believe that their alcoholism caused the behavior leading...

I was pulled over in Seattle and accused by a police officer of Driving Under the Influence (DUI) but I wasn't charged. What does this mean? Can I still drive? What happens next? A person can be pulled over and arrested for a DUI without being charged upon release. In other words, the officer ha...

Law enforcement will be stepping up their efforts this Fourth of July by targeting Seattle's high drinking areas and their surrounding roads.  In addition to the 4th of July the Seattle International Beer Festival is also taking place this weekend.  So if you know that you'll be drinking this wee...

Being arrested for a DUI is scary, especially if you have never been through the criminal justice system before. After you've been arrested, it is your right to speak to an attorney before talking to police officers. Speaking to an attorney may not only help you make informed decisions about your...

You had a beer, maybe two, at happy hour. Maybe you had dinner, drank some water and coffee, or waited an hour or two before you head home, believing you were okay to drive. Then, as luck would have it, you got pulled over. Feeling confident because you “haven't had that much,” you provided a BAC...

If your license has been suspended by the Washington State Department of Licensing for a DUI, an Ignition Interlock License (IIL) will allow you to continue driving for any reason, at any time. You are eligible regardless of whether you took a breath test and regardless of your breath test level....

The Ignition Interlock device is designed to inform the manufacturer of your violations. Once the device has been installed, you are required to blow/hum into it to start your vehicle. Additionally, the device is designed to require you or the driver of the vehicle to submit to a retest within te...