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

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!

Farrah Abraham “Teen Mom” Reality Star, Charged with DUI for Being Sick?

Farrah Abraham “Teen Mom” Reality Star, Charged with DUI for Being Sick?

MTV’s “Teen Mom” reality star, Farrah Abraham, age 21, was arrested and charged with DUI (driving under the influence) last Monday at 1 in the morning.  When police asked Farrah to perform the DUI breathalyzer test, she failed repeatedly until one test finally read .147, almost twice the legal DUI limit in Nebraska.  Days later, Farrah spoke out to InTouch defending herself, ““Because I’m sick, I could not give an accurate breathalyzer test, due to coughing and shortage of breath.”

Farrah, mother of 4-year-old Sophia, who had been celebrating St. Patty’s Day with her sisters by sipping on some good ol drinks, wanted to go home around 12:30 AM.  Her sisters didn’t want to leave, so Farrah decided to go get the car from the parking lot and pick them up at the front door.  According to officials, Farrah made an uncontrolled wide turn and almost rear ended a police cruiser.  Police pulled Farrah over and asked her to take the DUI breath test and to perform the DUI field sobriety tests, both of which Farrah failed.

Farrah is adamant that she was not DUI that evening.  She continues to believe in magical shamrocks and leprechauns and that she failed the DUI breath test due to illness and flu-like symptoms.

Farrah’s “Because I”m sick..,” defense is not reasonable.  Medication could have a slight effect on the DUI breathalyzer’s reading but nothing to the extent of a high reading such as .147.  Farrah was most likely DUI, end of story!

 

Written By S.O