Field sobriety tests are a series of exercises that police use to determine whether a driver is impaired. They can include walking a straight line, standing on one leg, and following an object with one's eyes. Police use the results to decide if they have probable cause to…
The state of Washington takes DUI very seriously. If law enforcement stops you for DUI you should understand the consequences of a conviction. A person charged with DUI could face either felony or misdemeanor…
Law enforcement could arrest you for DUI if you drive a vehicle under the influence of drugs, alcohol or both. If convicted, this crime carries serious penalties, such as license suspension, the requirement to…
The Police Stop: A Quandary Most of us do not want a police state where government officials or police can simply stop you and ask you for your “papers” for no reason. Yet there…
When I first heard the news that there was a verdict in Cleveland Police Officer Michael Brelo’s shooting case I was pleased. I thought it would give me a great opportunity to demonstrate what…
There are three standardized tests all officers in Washington are trained to administer during DUI Detection. When I was in my early twenties, my best friend drove me to a New Year’s Eve party.…
In Part 2 we discussed the constitutional problem concerning admission one’s refusal to submit to a breath or blood test as substantive evidence of guilt. Unfortunately, it seems there is a lack of uniformity…
In Part 1 we discussed how Missouri v. McNeely resolved the split of authorities among jurisdictions in the United States and tended to abrogate a good amount of prior Washington case law. McNeely held…
Any warrantless search or seizure is presumed unlawful aside from a few jealously guarded exceptions. Traditional exceptions include but are not limited to (1) consent; (2) incident to arrest; (3) hot pursuit; and (4)…
In Navarette, the United States Supreme Court recently held that an anonymous informant’s tip that a certain truck “ran her off the road” was sufficient to provide reasonable suspicion of DUI to support a…