Posts tagged breath test DUI

DUI Charge Even With a Breath Test Under the Legal Limit

It’s unfair but true you can be charged with a DUI in Seattle, in fact, everywhere in Washington State while having a DUI breath test result under the legal limit of .08.  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 prosecutor can still charge you with a DUI.  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.  A person charged with a DUI with a breath test under the legal limit will be facing the same penalties of a person with a breath test ranging from .08 to .15 with all other factors being similar.  As a result this type of case should be taken as seriously as a DUI case with a breath test above the legal limit.

Unless something extraordinary happened I don’t believe any driver should be charged with a DUI if that person blew under the legal limit.  Especially when the state puts on TV ads about DUI/drunk driving and posts signs all over the road showing the legal limit of .08.  It’s misleading.

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

 

Published by Seattle DUI lawyer David O

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Busted! DUI Celeb Moms!

I just came across a great article on The Stir that hot listed 6 celebrity moms for getting in trouble with the law and for having ugly mug shots.  Of the 6 ladies mentioned, my favorites were Moms charged with DUI, Heather Locklear, Tracy Gold, Jamie Pressly, and Chef Cat Cora.

A brief recap of the DUI charges… In 2008, Heather Locklear was charged with DUI on prescription drugs, the charges were later reduced to reckless driving.   Not so lucky for Locklear, the former Melrose Place actress, was her police mug shot that was so unforgettable it flooded all gossip avenues.

Tracy Gold, Growing Pains actress, flipped her SUV and rolled it down an embankment while DUI.  Her husband and children were also in the car, all suffered injuries except the four-month old baby.  A seriously bad decision by that Mama in 2004, and I’m sure she will never put her family in that kind of jeopardy again, YIKES!

Actress and mother, Jamie Pressly, was arrested and charged with DUI in 2011 after being stopped for a traffic violation.  Another unforgiving a celeb mug shot, poor Jamie Pressly, so pretty when sober.

Most recently, Chef Cat Cora, arrest and charged with DUI in June 2012 for rear-ending a car while leaving a tavern.  Police reported the famous Chef had a breath test twice the legal limit of .08.

Moms deserve to have a drink or two or more, however as we know they too must remain responsible and make good decisions like everyone else, call cabs or designate drivers etc.  Check out the article in full and view the ugly Mom mug shots, FUN! “6 Celebrity Moms Who Were Arrested for Being Bad (Photos)”  www.thestir.cafemom.com.

 

Written by S.O

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com