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I Blew Under .08 Why am I Charged with DUI?

Written by David O
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I Blew Under .08 Why am I Charged with DUI?

what?It’s an all to common story, “I blew into the breathalyzer machine as instructed by law enforcement and my BAC (Blood Alcohol Concentration) result was under the legal limit of .08, and I was arrested for DUI.  I blew under the legal limit of .08, and now I am charged with DUI. What!?”

It’s unfair but true. In Washington State you can still be charged with DUI (Driving Under the Influence) while having a DUI breath test result under the legal limit of .08.

The Revised Code of Washington (RCW) 46.61.502 defines a driver as being guilty of DUI if the person drives a vehicle within this state “while under the influence of or affected by intoxicating liquor..” Affected by intoxicating liquor!? What does this mean? It means the law enforcement officer that is investigating a person for driving drunk may use their discretion to decide if that person’s driving was affected by alcohol at any BAC level and if they decide their driving was affected then they may arrest that person for DUI.  The reasoning behind this is; every person reacts differently to alcohol and less amounts may “affect” a person’s ability to drive even while having a test result under the DUI limits.

Unfortunately, a person charged with DUI with a breath test under the legal limit will still face the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar. Thus, a DUI charge with a breath test under the legal limit should be taken just as seriously as a DUI case with a breath test above the legal limit.

In my personal and professional opinion I don’t believe any driver should be charged with DUI if that person blew under the legal limit, unless something extraordinary happened; such as a car accident etc. It’s very misleading when Washington State advertises that drinking and driving is illegal if your BAC is .08 or above.  The State should be more responsible and honest about drunk driving and change their advertising.  The State should properly inform everyone that they could be charged with DUI at any BAC level if they drove after consuming any alcohol and their driving was affected.

I have represented several people charged with DUI while blowing under the legal limit. Fortunately for those clients we were able to resolve all those cases very well!

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Washington State University – Blood Alcohol Levels and How it Effects the Body

Written by David O
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Washington State University – Blood Alcohol Levels and How it Effects the Body

Having basic knowledge on how alcohol effects the body is a valuable tool;  1) it may aid in the self assessment of one’s ability to drive safely after consuming alcohol, 2) it may help decipher if someone else has the ability to drive safely after consuming alcohol, 3) and it may help one’s awareness on how alcohol is effecting their body and enable them to make better decisions to slow or stop alcohol consumption to avoid dangerous situations.

Blood Alcohol Level 0.01 – 0.03
Mild relaxation; slight loosening of inhibitions; slight loss of social discomfort; mild intensification of mood.  If driving and pulled over by police in Washington State, the risk of being charged with a DUI at this BAC level is very low.  An individual would most likely have the physical control to pass the DUI field sobriety tests at this level.

Blood Alcohol Level 0.04 – 0.06
Small buzz; slight sedation; feelings of warmth & relaxation; loss of shyness; emotion and behavior can become exaggerated; fine motor skills decline; reaction time slows.  There may be only minimal awareness of these effects.  Driving is a risky choice.  At this BAC level, Washington State police could charge an individual with DUI (even though they are under the legal Washington State BAC level of 0.08) if their driving was impaired.

Blood Alcohol Level 0.07 – 0.09
Fuzzy thinking; motor skills clearly impaired; speech may be noticeable impaired; slight and hearing acuity are reduced; judgement ability is slowed and reduced.  Ability to decide about further drinking is impaired and ability to evaluate and respond to sexual situations is diminished.  If pulled over by Washington State police, an individual would most likely be charged with a DUI at this BAC level and may or may not fail the DUI field sobriety tests.

Blood Alcohol Level 0.10 – 0.20
Emotions unstable; perceptions, thinking, judgement, reaction time are significantly impaired.  An individual would be charged with a DUI at this BAC level and would have increased risk of failing the DUI field sobriety tests.

Blood Alcohol Level 0.25 – 0.30
Confusion, disorientation, dizziness, exaggerated emotions.  All sense perceptions distorted. Numb.  Sever risk of injury.  An individual would be charged with a DUI by Washington State police officers at this BAC level.  An individual would most likely fail the DUI field sobriety tests at this BAC level.

Blood Alcohol Level 0.30 – 0.40
Stupor; motor functions severely impaired; unable to stand/walk.  Vomiting, incontinence are high risk.  Loss of pain awareness.  Impaired consciousness.  Risk of death.  An individual would have a very hard time operating a vehicle at this BAC level and would be charged with DUI if pulled over by police officers.  Additionally, the individual would not physically be able to complete the DUI field sobriety tests at this BAC level and thus they would fail the DUI field tests.

Blood Alcohol Level 0.40 +
High risk of impaired circulation, respiration or heart rhythm.  Coma and death due to anesthesia of brain areas and nervous system functioning are very possible.

Information on how blood alcohol levels effects the body was derived from Washington State University’s website, go to adcaps.wsu.edu for more information on this topic.

 

DUI / Drunk Driving / DWI, Legal Blog, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,