Legal Question in DUI Law in Washington

Re: DUI washington

It depends upon a number of factors. When you say "failed" the breath test on the road, I assume you took the PBT )portable breath test) and it gave a reading of over .08. Your paasing station breath test on the BAC Datamaster must have been below .08. Is that correct? You can still be charged with DUI under the "affected by" prong that states that your ability to drive was impaired by the use of alcohol even though your breath test may have been below .08. There are many other factors to consider, i.e., what was your driving like, did you show other signs of intoxication, i.e., did you take any field sobriety tests? What did they show? This is a very complicated area of law with very serious consequences for a person who pleads guilty or is found guilty by a judge or jury. There are mandatory minimum penalties of jail time and fines, as well as a mandatory loss of license. There also may be DOL issues if you blew .08 or over at the station. I don't have all of your facts so I cannot give you an informed opinionat thi spoint. Get a lawyer's advice now. Having done this type of law for 27 years, I can tell you it is no simple matter and you need good advice from start to finish. Good Luck!

Re: DUI washington

Hopefully, you aren't looking at any charges. The road breath test doesn't matter. Passing the test at the station is the test that matters. If you tested low enough the officer may have been convinced you were not affected by alcohol.

However, if you were driving badly, performed poorly on field sobriety tests or gave the officer other reasons to believe you were intoxicated, you could still be charged.

There is also the possibility of the lesser charge of Neg 1, which is driving in a negligent manner with alcohol, no .08 blood alcohol level required.

You can contact the police officer to get a copy of the report. This will include all the facts the officer alleges against you. Once you have that you can give more specifics and get better answers.

If you had witnesses in the vehicle with you and/or at the place where you were drinking you should get witness statements now.

If the police/detectives contact you with additional questions you should insist on having your lawyer present before answering any questions.

The best option is to hire a lawyer now to handle these things for you.

At your service,