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.
DUI / Drunk Driving / DWI Quick Tips – Seattle DUI and Defense Lawyer
Quick tips when pulled over in Bellevue by a police officer for DUI / drunk driving / DWI…
Be respectful to the officer.
Don’t make any incriminating statements. For example, “I feel wasted!” or “I’m so drunk!”
Refuse to take the DUI field sobriety tests. They are voluntary.
Do not take the portable breath test, this test is also voluntary.
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.
Just reported on ABC Action News, Mark Ditka, son of the former Chicago Bears Football Coach Mike Ditka, has been charged with DUI and possession of a controlled substance. Mark, 49 years old, was pulled over by police early Sunday morning just blocks away from his residential house in Deerfield, Illinois. CBS Chicago reported police arrested Mark and cited him for not only DUI and possession of a controlled substance (an unmarked bottle of hydrocodone pills found in the car), but also for operating an uninsured vehicle, driving on a suspended license, and illegal lane change. A buffet of legal charges. OUCH, not a good way to start a Sunday morning! This was Mark’s second DUI in 2012. His first DUI occurred in May of 2012. If Mark was in Washington State and charged with a second DUI he would be facing a minimum of 45 days in jail, 90 days house arrest, and loosing his drivers license for 3 long years.