A Puyallup man was arrested in Kent for allegedly driving under the influence of marijuana.
The DUI suspect, 31-year-old Mike Simmons, says that the only thing he's guilty of is having a green tongue, reports Q13 Fox.
Simmons says that he was stopped in Kent and a police officer asked him to stick out his tongue. The officer reportedly told Simmons that he had a green film on his tongue, supposedly feeling that this was a telltale sign that someone has been smoking pot.
The unidentified officer then asked Simmons to undergo a blood test. Simmons refused saying that he wanted a lawyer present. The DUI suspect then admitted to smoking pot three days earlier, but said he was sober as he was on his lunch break.
Under Washington laws, a driver is considered to have given consent to a blood test if suspected of a DUI. However, a driver can still refuse the test in most circumstances, though the driver faces additional penalties for doing so.
So in Mike Simmons' case, he was within his rights to refuse the blood test. He just faces penalties for his refusal.
With or without a blood sample, Simmons can still be charged with a DUI. That's because prosecutors do not need a positive blood test to charge someone with driving under the influence. If a driver is impaired and under the influence of alcohol or drugs, the driver can be charged with a crime.
Prosecutors may just rely on other evidence like the police officer's testimony of the defendant's driving and possibly even a green tongue charge the driver with DUI. I find it very hard to believe that merely have a green tongue is sufficient evidence to get a conviction.
If you have been charged with a DUI in Kent, Seattle, or anywhere else in King County, you will want to work with an experienced DUI defense attorney. You face severe penalties for a DUI and refusing a blood test. Contact the attorneys at Wolff Criminal Defense and don't fight your DUI fight alone. Call us today at 425-284-2000 to schedule a free consultation.