Skip to main content

DUI Charge Even With a Breath Test Under the Legal Limit

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

david_o_seattle_washington_defense_attorney

Celeb Khloe Kardashian’s Historical DUI

Celeb Khloe Kardashian’s Historical DUI

We can’t forget that shocking night back in 2009 on Celebrity Apprentice when Donald Trump fired Khloe Kardashian not for poor group performance but for having a past DUI.  “I hate people who drive under the influence.  I know three families who lost children to drunken driving,” reprimanded Trump while giving K.K. the boot.

Khloe Kardashian received the DUI back in 2007.  She broke the three years probation she was placed on by failing to complete mandatory DUI classes and California garbage pickup.  For the violations she was sentenced to 30 days in the slammer.  As we all know, celebs don’t serve too much time for their crime.  Khloe only served 3 hours of jail time, lucky her.  This is Khloe’s haunting DUI, it keeps up with the Kardashians, and K.K. will always be remembered for the unexpected termination by Donald Trump, “Your Fired.”

 

Written by S.O

heleyna holmes photography 003

DUI / Drunk Driving / DWI Quick Tips – Seattle

DUI / Drunk Driving / DWI Quick Tips – Seattle

Quick tips when pulled over in Seattle by a police officer for DUI / drunk driving / DWI…

  1. Be respectful to the officer.
  2. Don’t make any incriminating statements.  For example, “I feel wasted!” or “I’m so drunk!”
  3. Refuse to take the DUI field sobriety tests.  They are voluntary.
  4. Do not take the portable breath test, this test is also voluntary.
  5. If you are arrested ask to speak to David O, top rated Seattle DUI and criminal defense attorney. If you haven’t already, be sure to program my phone number (206) 459-6392 into your cell, I will take your call 24/7.