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DUI applies to operating a vehicle under alcohol, legal or illegal drugs. See RCW46.61.502 . Many people think that they can only be charged with DUI if the blood alcohol level is 0.08 or higher for 21 and over . That is simply not true. The way the law is worded, you can get charged with the DUI without any regards for your blood alcohol level. All the city/state needs to show that you are under the influence or affected by alcohol, any drug, or a combination of thereof. If, for example, you are over 21 and the test shows that your blood alcohol level is show 0.04, welcome to the DUI land.  

DUI is a serious crimes that may affect all aspects of your personal and professional life (see " DUI Sentencing Grid ").  The grid in detail address min/max fines and jail time. See also SA-22  requirements.  We suggest to immediately contact the DUI attorney if you are charged with the DUI/DWI.

One of the crucial issues in understanding the police report is understanding of Arrest Process & Searches and Seizures (please see tab "Criminal" for detailed discussion).  If the DUI is not dismissed, it may be reduced to Reckless Driving, Reckless Endangerment, Negligent Driving, or you may be able to enter into an agreement forIf the DUI is not dismissed, it may be reduced to Reckless Driving, Reckless Endangerment, Negligent Driving, or you may be able to enter into an agreement for deferred prosecution per RCW 10.05 .  RCW 10.05.010  spells out the eligibility. If you successfully comply with 5 year probation and other terms of the agreement (e.g., enrolling into a recommended drug, alcohol, or mental health treatment program and successfully complying with relevant recommendations), the charges would be dismissed.

DOL's (Driver's License) Implications of the DUI (or Reckless Driving)

DUI has serious implication on your ability to drive in WA, see DOL's Article on DUI  and WAC 308-103 .  If DUI your DUI is amended to Reckless Driving, Negligent Driving, or some other charge, this reduced charge does not affect your suspension period (if any).  Ignition Interlock Driver License (referred as "IIL")  allows to drive an auto equipped with an Ignition interlock device (referred as "IID") .  You would need to blow into IID to start the engine and if IID detects alcohol, it will not let you start your car.

Blood alcohol content (BAC) is referred to the alcohol concentration in blood. It is often measured as mass per volume. A BAC is a result of a complicated calculation involving gender, weight, amount and type of alcohol and time. For example, a BAC of 0.08% means 0.08 grams of alcohol per 100 grams of individual's blood. DUI reports are often very similar as they often contain "standard buzz words" such as watery eyes, red or flushed face, strong alcohol odor, unclear or slurred speech, etc. However, these "standard buzz words" could be logically explained. For example, if you are nervous about being stopped (and not many people are not), your face may flush and you could have slurred speech. You can also drink non-alcoholic beer and smell as if you were drinking beer containing alcohol.  It is crucial to request all evidence that prosecution has against you so that you can review it in detail with your attorney.

DISCLAIMER: The information you obtain at this site is not and it, nor is it intended to be, legal advice. Consult an attorney for advice for your legal problem. Contacting our law office does not automatically create attorney-client relationship.
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