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Douglas R. Hyldahl
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Douglas Hyldahl’s Answers

4 total

  • Possible punishment under WA state criminal laws for minor in possession of drugs alcohol juvenile

    what happens when a minor receives a mip and blows a .001

    Douglas’s Answer

    MIP can be committed in two ways in Washington State: by actually possession alcohol, whehter or not the minor has consumed and, secondly by exhibiting the odor of alcohol with some other evidence that the minor consumed alcohol. Often, the type of breath test administered is not admissible in court. That machine is commonly referred to as a PBT. If a machine known as a Datamaster was used (it is commonly used in DUI cases), then the result may be admissible, but that reading is well within the Datamaster's margin of error and should not hold much weight.

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  • MIP arrest

    Can I really get an MIP when I'm just hanging out with a friend who has a beer? I wasn't holding any alcohol and hadn't been drinking - it was just the one beer my friend was holding.

    Douglas’s Answer

    If it was your friend's beer, as opposed to the two of you sharing it, and you had not been drinking, then you should not be prosecuted for MIP. RCW 66.44.270 (2), which can be found on the web at www.legalwa.org defines the crime as being in actual possession of liquor or:

    It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor.

    If this was not your beer, and you hadn't been drinking, then you hsouldnot be convicted.

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  • DUI and drugs

    Is it more serious to get arrested for drunk driving or for driving under the influence of drugs, specifically marijuana?

    Douglas’s Answer

    No. The criminal penalties are the same. A far as administrative license suspension, commonly known as the "DOL Hearing", one's drivers license can be suspended for refusing a test for alcohol or drugs, or for blowing a .08 or over (.02 or over if a minor), but not for a positive drug test. Additionally, there are some proof problems the prosecutor has to deal with when marijuana is involved that aren't present when the charge is based on the presence of alcohol in one's system.

    However, the presence of drugs in the car or on one's person can lead to possession charges.

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  • Dui car search

    If I get pulled over for drunk driving, can the cops search my car and trunk without arresting me?

    Douglas’s Answer

    Only with your consent, with a warrant or if the police have reason to suspect that there is some dangerous instrumentality in your car, e.g., a bomb. A valid arrest is a prerequisite to a search incident to arrest in Washington. Even with a valid arrest, the police can only search unlocked areas of the car. To search a locked container, such as a glove box or trunk, the police must have a warrant.

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