If You’re Arrested for a DUI, What’s the Typical Response? 

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The Stop

In the majority of DUI cases, the motorist is pulled over due to indicators of impairment (such as swerving) or a traffic violation (even something minor like a broken taillight will suffice). In general, a stop is legitimate if the officer had probable cause (sometimes referred to as “reasonable suspicion”) to believe the driver had violated the law. (For additional information on the legality of traffic detentions, see here.)

If the police actually did not have good cause to pull you over, you can file a request to suppress later in the case, which may result in the dismissal of the entire prosecution.

Officer Remarks

Typically, traffic detentions begin with the police requesting your driver’s license and registration. The officer is likely to take notice if you exhibit indicators of intoxication during this interaction—things like fumbling with your paperwork or the stench of alcohol or marijuana. Any such observations will very certainly be included in the police record, which you will normally receive for the first time during your arraignment.

Police Interrogation

Almost always, during a DUI stop, police ask the driver if they’ve had anything to drink. In answer, the majority of motorists reply something along the lines of “only a drink or two with dinner”—a common understatement of how much they actually drank. After hearing these types of statements numerous times, police officers are unlikely to stop there—especially if there are other evidence that you’ve been drinking or taking drugs. After receiving confirmation that you’ve been drinking — regardless of the amount — the majority of cops will want to conduct additional investigation. (Learn about your right to remain silent during police interrogation.)

When Can Police Search Your Vehicle?

Generally, police can search your automobile without a warrant if they have probable cause to suspect there is compelling evidence inside. For example, an officer may observe or smell anything during a DUI stop that leads them to suspect the presence of drugs in the vehicle. If that is the case, authorities may be justified in examining not only the interior of your vehicle, but also the glove compartment, trunk, and locked containers such as backpacks. Another frequently used basis for an automotive search is assent of the driver: Generally, police officers can search your car if you grant them permission.

Roadside Examinations

When an officer suspects someone of drunk driving, he or she will frequently conduct roadside tests to validate the suspicions: field sobriety tests (FSTs) and a “preliminary alcohol screening” (PAS) test (commonly called a breathalyzer). Typically, these pre-arrest examinations are voluntary.

Field Sobriety Examinations

Police officers employ a variety of various FSTs. However, the three “standardized” FSTs are the most frequently used:

  • nystagmus of the horizontal gaze (HGN)
  • and walk and turn
  • Stand on one leg.

The National Highway Traffic Safety Administration (NHTSA) created these three tests — collectively referred to as the “standardized FST battery” — in the 1970s to assist officers in determining a motorist’s level of impairment. The NHTSA decided after completing research that the standardized FSTs were reliable markers of a driver’s blood alcohol content (BAC) of.1% or above.

PAS Examinations

A PAS device (alternatively referred to as a “portable breath test” (PBT) machine) is a portable instrument used by police to determine a driver’s breath alcohol content. The PAS results are not always as trustworthy as breathalyzer or blood test results obtained at a police station or hospital. However, the advantage of these gadgets is that they provide authorities with a quick and straightforward means to assess a driver’s blood alcohol concentration (BAC). The aim of a PAS test is not to gather evidence for court, but to determine if there is probable cause to arrest someone for DUI.

Reports from the Police

The majority of individuals are curious to see the DUI police report, which details the incident in the officer’s own words. In most places, the police report is not available until the arraignment, the first day of court. Because the report details the evidence against you, it is critical for determining the best course of action in your case. By studying the police record, a competent DUI attorney can frequently determine the state’s strengths and flaws.

Chemical Testing Requirements and Implied Consent

Each of the 50 states has enacted “implied consent” statutes requiring motorists apprehended lawfully for DUI to submit to chemical testing. The goal of the testing—which is typically performed on the driver’s breath or blood—is to determine the level of drugs or alcohol in his or her system. Drivers who refuse to submit to testing typically risk the following consequences:

  • suspension of license
  • penalties, and
  • requiring installation of an ignition interlock device (IID).

Additionally, if the case proceeds to trial, the prosecution is typically permitted to inform the jury about the defendant’s rejection. In some places, refusing a chemical test might result in a second criminal charge. A refusal in these states can result in two distinct criminal convictions: one for DUI and another for the refusal. The United States Supreme Court, however, ruled in 2016 that laws criminalizing refusal to submit to a blood test were unconstitutional. However, the Court stated that it is typically acceptable for a legislation to make refusing to submit to a breath test a crime. (For additional information on the Supreme Court ruling, see DUI Testing: Breath, Blood, and Warrants.)

Are You Arrested, Detained, or Released?

If police believe they have probable cause to arrest you for driving while intoxicated, you will almost certainly be handcuffed and sent to a nearby jail or police station. When you are arrested for a DUI, the police will normally confiscate your driver’s license and issue you with a temporary paper permit. Generally, the interim permit is valid until the court or the department of motor vehicles decides whether to suspend your license. Police will book and cite you for the infraction at the jail or police station. Generally, you’ll remain in jail until someone posts bail or a judge releases you on your “own recognizance.” If you are arrested on a Friday and are not released on bail, you may spend the entire weekend in jail. The good news is that you will receive credit for time spent in jail against any future term imposed.

Obtain Legal Assistance

If you’ve been charged with driving while intoxicated, it’s a good idea to consult an experienced DUI attorney. DUI laws vary each state, and each case is unique. A experienced DUI attorney can assist you in comprehending the applicable laws in your state and explaining any viable defenses you may have.

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Washington Motorcycle Accidents & Personal Injury Lawsuits

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Although the rainy state of Washington is not recognized for its motorcycle-friendly weather, the Evergreen State still has more than 220,000 registered motorcycles—roughly one for every 33 citizens.

Unfortunately, motorcycle riders are significantly more likely to die or have serious injuries in a crash than passenger car drivers.

In this article, we’ll discuss Washington motorcycle accidents, including the rules that motorcycle riders should be aware of, how liability is determined following a motorcycle accident, and the average damages that can be claimed.

Around one in every five motorcycle accidents results in serious injury or death. Each year, on average, 75 riders are killed in incidents on Washington’s highways.

Washington motorcycle rules of the road

Motorcyclists, like other road users, must adhere to the road’s laws.

Motorcycle riders, for example, must respect all traffic signals and posted speed restrictions. Additionally, motorcyclists, like all other road users, are required to exercise “due care” to prevent endangering others.

Additionally, riders in Washington must adhere to some motorcycle-specific restrictions.

Washington’s motorbike legislation

All of Washington’s motorcycle laws are contained in Title 46 of the Revised Code of Washington, but the following points are important for motorcyclists to remember:

All motorcycle operators and passengers must wear helmets certified by the US Department of Transportation.

Unless the operator is wearing glasses, goggles, or a face shield, all motorbikes must be fitted with a windshield.

Motorcycle riders are not permitted to transport passengers unless the motorcycle is specifically intended to do so.

Motorcycle handlebars may not be raised above the seat by more than 30 inches.

Splitting lanes is completely forbidden on Washington state highways.

All motorcycles are entitled to the full use of a lane, and no motor vehicle shall be operated in such a way as to deny any motorbike that use.

Motorcycles shall not be operated in a single lane more than two abreast.
A child under the age of five is not permitted to ride a motorcycle.

Liability determination following a motorbike accident

Motorcyclists and motor vehicle drivers have a responsibility to exhibit reasonable care on the road in order to avoid injuring others. If a motorcycle rider or a driver of a motor vehicle violates this responsibility and an accident occurs, the at-fault party may be held accountable.

The most frequently used legal theory to hold the at-fault person accountable is carelessness, which requires the plaintiff to show three elements:

The defendant owed a responsibility to the plaintiff,

The defendant violated their fiduciary obligation, and

The plaintiff’s injuries were legally caused by the breach.

While the majority of motorcycle accidents are caused by either a rider or a motor vehicle driver, this is not always the case. There are a few additional persons who could be held accountable for your accident:

Property Owners:  Premises liability regulations require property owners to keep their premises safe. If a motorcyclist is harmed on someone else’s property as a result of a dangerous condition, the property owner may be held accountable.

Manufacturers are required by product liability rules to avoid releasing defective products onto the market. If a motorcycle rider is killed as a result of a defective product (such as a malfunctioning brake system), the product’s producer may be held accountable.

Q: How can I get an attorney that can assist me with my motorbike accident case?

Our experienced attorneys at Caron, Colven, Robison & Shafton with 100+ years of combined experienced can help you with your Washington State Motocycle injury claim. The majority of initial consultations are complimentary.

 

Social Security: A look at the changes that will take place in 2022

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Almost all Social Security recipients are aware of the most widely known future change: a rise in monthly benefit checks beginning in 2022 as a result of the automated cost-of-living adjustment, or COLA. Indeed, Social Security recipients have very certainly already gotten notification from the Social Security Administration of the impending rise.

In 2022, all Social Security benefits will increase by 5.9 percent. The COLA is calculated using a calculation known as the Consumer Price Index for Urban Wage Earners and Clerical Workers. This has been the SSA’s official yardstick for calculating COLAs for the last 47 years. If you’re interested in learning more about this metric, visit the website of the organization that maintains it: the Bureau of Labor Statistics. They are available at www.bls.gov.

Despite the fact that this is the largest raise in decades, I always dread addressing COLAs in this column because I am inundated with comments from people saying that the increase is insufficient.

The catch, however, is that many economists and social planners believe Social Security COLAs are excessively generous! (I’ve discussed why in previous columns, but don’t have room to go into it now.) That is why the majority of conversations about long-term Social Security reform include recommendations to limit cost-of-living adjustments.

Now, let us return to the Social Security COLA for 2022. As a result of these increases, the average monthly retirement payment will be $1,657 in 2022, up about $100 from the level in 2021. In 2022, the maximum Social Security benefit payable to a worker reaching full retirement age (FRA) will be $3,345, up from $3,148 in 2021. Please note that the maximum benefit is $3,345 for someone reaching full retirement age in 2022. That is not to say it is the maximum Social Security benefit available to everyone. There are millions of Social Security beneficiaries who receive significantly more than that, owing to the fact that they worked well beyond their FRA and/or postponed benefits until age 70.

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While this is a Social Security column, I feel compelled to highlight the impending hike in the Medicare Part B premium, which is withdrawn from the majority of people’s Social Security cheques. The baseline Part B premium will increase to $170.10 in 2022, a $21.60 increase over the 2021 rate. As has been the case for the last two decades, wealthy individuals will pay more than the standard premium.

I’m not going to delve into the intricate subject of Medicare premiums except to make this brief statement. While most older persons associate Social Security and Medicare, the two programs are fully independent, operated by entirely separate federal organizations, and subject to wholly separate laws and regulations defining their benefit and payment structures. For instance, I previously discussed how Social Security COLAs are calculated. The rise in the Part B Medicare premium has nothing to do with the CPI. Rather than that, it must be set at a level that covers 25% of the cost of operating the program, as required by law. The remaining 75% is borne by taxpayers. (Once again, wealthy individuals pay more than the 25% share.)

Another metric, the “national wage index,” is used to determine increases in other aspects of the law affecting Social Security beneficiaries and taxpayers. This covers increases in the amount of wages or self-employment income that is subject to Social Security taxation; the amount of income required to earn a “quarter of coverage”; and the Social Security earnings penalty restrictions.

The taxable earnings basis for Social Security will increase from $142,800 in 2021 to $147,000 in 2022. That is, anyone earning more than $147,000 in 2022 will no longer have Social Security payroll taxes withheld from their paychecks. This has always been a highly contentious section of the law. (Bill Gates and his plumber both pay the same amount of Social Security tax!) I believe it is a fairly safe bet that any future Social Security reform plan will include an expansion of that wage base.

The majority of people require 40 Social Security work credits (sometimes referred to as “quarters of coverage”) in order to qualify for monthly benefit payments from the system. In 2021, individuals earning $1,470 in Social Security taxable income earned one credit. However, no one obtains more than four credits in a single year. In other words, once you reach $5,880 in earnings, your Social Security record is credited with the maximum four credits or quarters of coverage. In 2022, the one-credit limit will increase to $1,510, requiring you to earn $6,040 this year in order to receive the maximum four credits assigned to your Social Security account.

Individuals under the full retirement age who receive Social Security retirement or survivor benefits but continue to work have restrictions on the amount of money they can earn while receiving all of their Social Security benefits. This ceiling was set at $18,960 in 2021 and will increase to $19,560 in 2022. For every two dollars exceeding those restrictions, a person’s monthly benefits are reduced by one dollar.

The year a person achieves full retirement age, there is a higher earnings requirement that applies from the beginning of the year until the month the person passes FRA. (Once a person reaches that magical age, the income penalty is eliminated.) This threshold increases to $51,960 in 2022, from $50,520 in 2021.

Several other facets of Social Security are also affected by inflationary increases. For example, those receiving disability benefits who attempt to work may normally retain such benefits as long as they are not engaged in “substantial” work. In 2021, the legislation classified substantial labor as any position that pays at least $1,310 per month. By 2022, that significant earnings level will have increased to $1,350 per month.

Finally, the basic federal payment level for Supplemental Security Income will increase from $794 in 2021 to $841 in 2022. SSI is a federal assistance program administered by the Social Security Administration, but it is not a form of Social Security. It is funded entirely through general resources, not through Social Security taxes.

Full Article here: Social Security update: A look at changes for 2022 (dallasnews.com)

If you’re interested in learning more about Social Security or interested in how to apply for social security disability benefits, visit Disability Help for resources.

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