DUI Myths: Common Misunderstandings About DUI Law

When I meet with new DUI clients there are a number of common misconceptions about Washington DUI law and “drunk driving” laws that I encounter quite often. Clients, friends, attorneys who don’t practice Washington DUI law, and the general public alike, are often shocked to learn things such as there is no real “legal limit.” Below are a few of mistaken beliefs about DUI law in Washington that come up most often, from my experience as a DUI attorney in Bothell, Washington.

Myth #1: I cannot be charged with DUI in Washington if I’m under the State “legal limit” of .08

This is by far the most common of all misunderstood area of Washington DUI law. In Washington State you can be arrested for, charged with, and convicted of DUI if you are under the “legal limit” of 0.08% B.A.C. The Revised Code of Washington 46.61.502(1) states; “a person is guilty of driving while under the influence if the person drives a vehicle within this state and the person has, within two hours after driving, an alcohol concentration of 0.08% or higher or while the person is under the influence of or affected by intoxicating liquor.” Thus, there is no defined legal threshold for when someone can drive after consuming alcohol if the driver is “impaired” by alcohol. I have defended DUI charges as low as 0.02% and I regularly see DUI cases in the 0.06% and 0.07% range at my Bothell, Washington DUI law office. The latest Washington State Patrol campaign, “Buzzed Driving is Drunk Driving” shows that Washington’s primary DUI enforcement agency plans to continue to be aggressive pursuing low BAC DUIs.

The actual significance of the .08 “legal limit” is that this number represents a point, above which, you are “per se” too impaired to drive. Tolerance is very different from person to person. Some people are impaired at .08 while others clearly are not. What the “legal limit” of .08%, or above, does is relive the prosecutor from the burden of proving the alcohol actually impaired the drivers ability to drive (and wrongly assumes no one can safely operate a vehicle at .08). Thus, if you blow above Washington’s “legal limit” for DUI the burden shifts to the driver to show that the B.A.C. test results were not accurate; that the breath testing machine was not functioning properly or some environmental factors caused an inaccurate reading.

What this means is that when you are under 0.08% (or there is no breath or blood test results) the burden shifts to the Bothell Municipal or Washington State Prosecutor to show that your ability to drive was affected by alcohol. Thus, a low blow DUI makes it harder for the prosecution to obtain a conviction, but not impossible by any means. The frustrating thing about this is that a person could be doing exactly what you have been taught is the responsible way to monitor drinking and driving and still find themselves defending against a DUI charge in Washington. Because you can still be convicted of DUI when you are under the “legal limit,” and probably just fine to drive, we provide aggressive representation at our Bothell DUI law office to make sure you are treated fairly.

As DUI prosecution efforts increase around Bothell, Washington I’m approached by more and more clients with 0.06% and 0.07% DUIs. Again, most of these folks did exactly what they thought they were supposed to comply with Washington’s DUI laws. To make matters even more frustrating, almost none of these under 0.08% DUI clients that I encounter were stopped for any “drunk driving,” such as weaving, driving really slow or driving erratically. Instead, they are almost always stopped (often leaving the bar parking lot) for not signaling 100 feet prior to turning or for a tail light being out. The next thing they know they are in handcuffs, arrested for DUI and facing a devastating criminal charge. If you have been charged with DUI in Washington, come visit our Bothell, Washington office for a free DUI case evaluation.

Myth #2: I can’t be charged with DUI if I’m only taking prescription drugs as prescribed by my doctor.

Washington’s DUI law states: “(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state…While the person is under the influence of or affected by intoxicating liquor or any drug; or While the person is under the combined influence of or affected by intoxicating liquor and any drug.” More importantly, RCW 46.61.502(2) indicates: “The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.” Therefore, whether the drugs are legal or not, and whether the person is taking the prescribed amount or not, is usually irrelevant under Washington’s DUI laws. The question is whether or not the driver’s ability to drive was affected by the drug.

Unlike an alcohol DUI, there is no “legal limit” for any particular drug in Washington (although there has been lots of discussion about a legal limit for marijuana). Because of this many otherwise law abiding citizens find themselves facing drug DUI charges based on blood tests that indicate the mere presence of drugs. Often when a driver is suspected of a drug DUI they will be subject to the pseudoscience of an “examination” by a “Drug Recognition Expert.” The results of the Drug Recognition Exam are then used as evidence of impairment in court. Make no mistakes about it. DRE examinations are conducted solely for the purpose of gathering evidence against you. Just like an alcohol DUI above, there are things you can do to protect yourself. If you are stopped by an officer you must provide your license, registration and insurance. However, you should never agree to take any tests or give any statements until after you have spoken with a DUI attorney that understands drug DUIs. (And of course, like above, the only sure way to avoid a drug DUI is to not take ANY drugs before driving.)

Drug DUI cases are the most technical of all misdemeanor cases. It is imperative that if you are facing drug DUI charges you should hire an attorney that has the background to understand the “science” in these cases as well as the experience to employ effective drug DUI defense strategies in Bothell and Washington State.

Myth #3: The officer is less likely to arrest me if I cooperate and take all of the “sobriety tests.”

One of the most frustrating problems as a DUI defense attorney in Bothell, Washington, is when clients, whom I believe are innocent under Washington’s drunk driving laws, have provided the prosecution with lots of “evidence” before ever talking to an attorney. Don’t get me wrong, I do not blame the client for this. We are taught to cooperate with officers from a very young age. On the other hand, officers are taught to be persuasive and take advantage of our fears and our willingness to do what an officer asks of us. In my experience, if an officer is asking you questions about DUI or asking you to take roadside sobriety tests she has already decided your fate. Anything you do in response to this “can and will be used against you.”

Officers trained in “DUI Detection,” in Bothell and throughout Washington State, are looking for “DUI cues” the moment they observe your vehicle. Part of this training involves contacting the driver and how documenting their observations in manner most likely to lead to a DUI conviction. Any questions asked and tests given are designed to bolster the case they are building against you. This does not mean you should not be polite or cooperative with an officer when stopped, BUT the decision of whether or not to answer questions or participate in roadside tests is voluntary. You do not have to provide this evidence! Always ask to speak with a Washington DUI attorney before deciding whether to respond to the officer’s demands for potentially self-incriminating evidence. Remember these tests are not designed for you to “pass.” Too often, the act of a driver trying to convince the officer that he or she is not intoxicated, and thus to not to arrest for DUI, leads to a stronger DUI case against that person.