Legal Question in DUI Law in Washington

Re: DUI Question for Washington State

Sadly, yes. One DUI attorney has an add campaign based on this ".08--the big lie." This doesn't help your girlfriend any. The actual test is .08 or "under the influence." That is to say, that the officer feels her driving was affected by alcohol. So, there is a reliance on her observed bad driving and poor performance on her field sobriety tests to convict her. On the other hand, this is a strong case to take to a jury as most people are familiar with the .o8 standard. I'd be happy, excited even, to represent her for this reason. We'd likely get a win. contact me directly if you'd like further assistance.

At your service,

Re: DUI Question for Washington State

The DUI statute has two prongs: (1) operating a vehicle with a .08 or higher and (2) while under the influence of alcohol and/or drugs. The latter is established by evidence that the person's ability to operate a motor vehicle is impaired to an appreciable degree. Such evidence is, or is based upon, driving, field sobriety tests, and other indications of affectation (e.g. slurred speech, stumbling, etc.)

Is it possible that your girlfriend is under the age of 21? If so, then she may have been cited for driving after consuming alcohol, which only requires a reading of .02 or higher. Intoxication, or even affectation, is not an element of the the crime. Many people (particularly minors) think of this offense as a DUI.

In either case, she should have an attorney. There are too many long lasting consequences as a result of a conviction. In addition, she may be facing administrative consequences through Dept. of Licensing.

Re: DUI Question for Washington State

While I agree with Mr White and Mr. Ferris in general, I did want to state that if she's an adult over 21, it's unlikely there would be any administrative licensing issue since an administrative suspension is based on the BAC alone. However, it is unwise to handle any DUI without counsel. True, a jury may scratch its collective head over the fact that the BAC was below the legal limit, but that doesn't mean that a prosecutor won't dig his or her heels in and try the matter based upon driving pattern, etc...