Douglas R. Hyldahl’s Answers

Douglas R. Hyldahl

Bellingham DUI / DWI Attorney.

Contributor Level 6
  1. DUI and drugs

    Answered over 7 years ago.

    1. Douglas R. Hyldahl
    2. Sharon Elizabeth Chirichillo
    2 lawyer answers

    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,...

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

    Answered over 6 years ago.

    1. Douglas R. Hyldahl
    1 lawyer 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...

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  3. Dui car search

    Answered over 7 years ago.

    1. Douglas R. Hyldahl
    2. Daniel Martin Jaffe
    3. William C. Head
    3 lawyer answers

    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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  4. MIP arrest

    Answered about 7 years ago.

    1. Douglas R. Hyldahl
    2. Aaron S Kiviat
    3. Nicholas William Juhl
    4. Okorie Okorocha
    4 lawyer answers

    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,...

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