DUI In WA State
Driving under the influence of alcohol (DUI) is a serious crime in the United States. Under Washington State DUI statute 46.61.502, there are two scenarios where a person can be found guilty of driving under the influence: one relies on blood alcohol content, or BAC, while the other is based on driving ability. Continue reading to learn more about the elements specified in these laws and the legal definition of drunk driving.
Grounds For A Drunk Driving Arrest
Under federal law, any person operating a vehicle with a BAC of 0.08% or higher is considered legally impaired. As a result, you can be arrested for DUI if you are caught driving with a BAC above this limit—regardless of your ability to drive. At the same time, however, you could also be charged with DUI if the state can prove that your driving abilities were impaired to such an extent that you posed a threat to the safety of others.
As with any other crime, the state must prove you are guilty of driving under the influence before you can be convicted of the offense. How the state does this will depend primarily upon the type of DUI charge you are facing. If you were arrested for driving with an illegal amount of alcohol in your system, for example, the state must present evidence that shows you had a BAC above the legal 0.08% limit (such as your chemical test results).
On the other hand, if you are charged with driving while impaired, the evidence against you will be based largely upon the officer’s personal observations. Since BAC is irrelevant in these types of cases, your chemical test results will probably not be used as evidence against you.
Regardless of the reason for your arrest, if you are convicted of DUI, you can expect to face a number of penalties—including a mandatory fine, license suspension, and possible jail sentence. In light of these consequences, you may need to discuss your case with an attorney if you want to avoid being found guilty of driving under the influence.
From challenging the officer’s reasons for stopping you to proving that your chemical test results are inaccurate, attorney Linda M. Callahan and her team at Callahan Law know everything there is to know about Washington State DUI law. In fact, as author of The Washington DUI Practice Manual and The DUI Book, Washington Edition, Ms. Callahan literally wrote the book on defending drunk drivers.
To put one of the most successful DUI defense to work on your case, submit your information online today for a free, no-obligation consultation on your case.
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