Can I still get a DUI if I am below the legal limit? Can I get a DUI if I am below the 0.08 blood alcohol limit? Below 0.08 BAC, but still charged with DUI? How is this possible?
The short answer is “yes.”
Two Ways to be Charged with DUI When Under .08 BAC
There are primarily two ways that you can be charged with DUI if you are not above 0.08 blood alcohol content.
- DUI for drugs (prescription drug DUI or controlled substance DUI) or a combination of drugs and alcohol.
- DUI for “appreciably affected by alcohol”
You CAN be Charged with DUI in Washington While Under .08 Blood Alcohol Content
First, a person who is below the 0.08 BAC limit but under the influence of drugs or a combination of drugs and alcohol can be charged with DUI. For example, a person who has taken prescribed drugs in combination with alcohol could be charged with DUI. It is likely that the police will need a warrant for a person’s blood in order to prove that drugs were involved.
The Police Use Their Training - But Need to Take Blood to be Sure About Drugs
The police currently have no equivalent machine to test intoxication by drugs. They rely on their training. Police officers go through a specific training which qualifies them as a “drug recognition expert.” The police rely on clues they learn in this training to find probable cause to arrest people on drug DUIs. Not all officers are trained to recognize the presence of drugs. The training itself and the procedures that officers need to follow can lead to legal issues.
Can Still be Appreciably Affected by Alcohol to Get a DUI in Washington
Second, a person who has ONLY used alcohol CAN still be charged with DUI if they were “appreciably affected by alcohol.” If a jury finds a person was appreciably affected by alcohol while driving, they can still be convicted of DUI. The 0.08 BAC only represents the per se limit. Essentially the lawmakers have drawn a “line in the sand” indicating that persons who register above 0.08 or higher blood alcohol are, by definition, appreciably affected by alcohol. Although it would have to be proved to a jury or found by a judge, you can still be found to be appreciably affected by alcohol.
Can I Get a DUI Below .08 BAC in WA?
Yes. In Washington, you can still get a DUI below what is called the “per se” limit for blood alcohol content. This usually occurs for DUI related to drug use or where someone is “appreciably affected by alcohol.” It may be more difficult for a prosecutor to prove a case under these circumstances. Consult an attorney if you were charged with DUI or Physical Control in Washington.
Can I Get a DUI Below the "Legal Limit" in WA?
Yes. In Washington, you can still get a DUI below what is called the “per se” limit for blood alcohol content. Sometimes, people refer to this limit as the legal limit. This usually occurs for DUI related to drug use or where someone is “appreciably affected by alcohol.” It may be more difficult for a prosecutor to prove a case under these circumstances. Consult an attorney if you were charged with DUI or Physical Control in Washington.
What is the Legal Limit for Alcohol While Driving in Washington?
0.08 is the “per se” limit for blood alcohol. It is possible to get a DUI or Physical Control while driving a vehicle even if you are below this limit.
This article aims to answer many of the important questions people have about DUI in Seattle. What you need to know about DUI in Seattle:
What is a DUI arraignment? A DUI arraignment is a hearing where a judge will set conditions of release and make sure the defendant understand their rights and the charges against them.
Will I go to jail if I get a DUI? It is possible that a defendant will go to jail for a DUI. In WA, a plea to DUI requires mandatory jail. However, in some cases, the jail confinement can be substituted for another type of confinement, such as home confinement. An amendment to a lesser charge may avoid the jail requirement.
Can I get a DUI under 0.08 BAC? Yes, it is possible to be charged with DUI in WA at less than 0.08 blood alcohol content. This usually occurs where a controlled substance or prescription drug is involved. It may also occur where someone is alleged to be “appreciably affected” by alcohol.
If you have been charged with a DUI in King, Pierce, or Snohomish County or surrounding areas, you should contact a Washington DUI Lawyer.