DUI Charges

DUI Overview

Each year in the United States, almost two million people are arrested for Driving Under the Influence or, as we used to call it, Driving While Intoxicated. And each year countless millions of Americans drink too much and drive but manage not to get arrested for it. Others may drive while under the influence of prescription or illegal drugs, which is also considered a DUI offense. For those unlucky enough to be arrested and charged, facing a DUI in Washington is like living out your worst nightmare.

A DUI is an unusual offense because you can be arrested and charged with it even though you didn't violate any traffic laws. You might be driving perfectly well, abiding by the rules of the road, and yet be pulled over for a broken taillight or other traffic infraction. You may cross the "fog line" a time or two when rounding a bend. You may be changing a flat tire when an officer decides to stop and help you out. Or perhaps someone rear ends you and causes an accident, and you have to remain at the scene until police arrive.

Once the officer approaches you and smells even a hint of alcohol, you may well be on your way to being charged with DUI. The officer will make observations about your physical co-ordination, claim you had slurred speech and watery eyes, and request that you take a series of physical dexterity tests called Field Sobriety Tests. If the officer feels you've failed these "tests", you will likely be arrested and taken to the station to blow into a machine called a BAC Datamaster, which measures the level of alcohol in your blood through breath samples. If your BAC Level is 0.08 or above, you are presumed by law to be an impaired driver and will almost surely be charged with DUI.

There are two other related offenses that fall under the umbrella of DUI.

First, a person is alleged to have committed the crime of Physical Control when that person is in actual physical control of a motor vehicle while under the influence of alcohol or drugs. This offense applies to drivers who are behind the wheel of a vehicle or otherwise in control of it even though it is not moving.

Second is the offense of being a person under 21 years of age arrested for either driving or being in physical control of a motor vehicle with a BAC Level of 0.02 or above. In Washington, we cut minors no slack when it comes to alcohol and driving. It is a crime for them to drive with one quarter the BAC level of an adult.