Frequently Asked DUI Questions

BAC is an acronym for a person's breath alcohol content. Breath alcohol content is the amount alcohol found in a person's breath in terms of grams per 200 liters of a person's breath. In the State of Washington, it is illegal to operate a motor vehicle if BAC levels are more than 0.08%. If an individual is under the age of 21, he or she cannot have a BAC level higher than 0.02%. If a person is caught driving with a BAC level above or exceeding the legal limit, then he/she will be arrested and charged with driving under the influence (DUI).

Yes, you can. However, if you refuse to take a breath test, you will lose your driver's license for one year. You will also not be allowed to get an Ignition Interlock License or temporary restricted license. There are advantages to refusing the test. If you take the breath test and fail, your license will be suspended and there is now more evidence to use against you in court. By declining the test it will be harder for the prosecution to prove you are guilty of driving while under the influence. Nevertheless, in our opinion, the consequences of refusing the evidentiary breath test following your Implied Consent Warnings usually far out way any advantages to refusing a breath test; better to have a good lawyer fight to keep the breath test out of evidence at trial. If you refuse the breath test, the police officer can still pursue a search warrant for blood from a judge electronically in order to get a blood sample drawn at a nearby hospital, and the prosecution gets their evidence despite your breath test refusal.

No, they are not. In fact, many attorneys use the argument that these tests are not 100% accurate as a defense tactic to fight DUI charges. In addition, many attorneys believe these tests are subjective and designed for failure. There are multiple extenuating circumstances that could cause a scared, sick, or disabled driver to appear intoxicated, even if they are sober. Furthermore, breath tests are not fool proof. A number of factors can cause the machine to give inaccurate readings, such as machine malfunctions, radio frequency interference, or unqualified or inexperienced use of the machine.

Yes, you will. As soon as you are arrested for DUI your license will automatically be suspended for a minimum of 90 days. You have twenty days from the date of your arrest to schedule a hearing with the Department of Licensing. At this hearing, you and your attorney will have the opportunity to challenge your driving suspension, and try to save your driving privileges. At the hearing, a representative will evaluate testimony, facts, and evidence to determine whether your driving privileges will remain suspended or be reinstated. Unfortunately, only one in four hearings are successful on the administrative suspension, and a DUI conviction will result in a license suspension in any case.

If your driver's license has been suspended you may be able to obtain an ignition interlock license, which gives you permission to drive while you license is suspended. You should apply for an ignition interlock license well in advance of a license suspension. It is not enough to simply install the ignition interlock device. One must also get the license after the actual device is installed.

In addition to getting your driver's license revoked or suspended, you could face a variety of other penalties for driving under the influence, including steep monetary fines, probation, community service, mandatory alcohol treatment programs, jail time, and a mark on your permanent record. Furthermore, many people with DUI convictions are also subjected to social ostracism, limited future opportunities, damaged reputations, strained personal relationships, and loss of community. If you are convicted of DUI, an experienced attorney can negotiate with judges and prosecutors to try and lessen or reduce these penalties.

An ignition interlock device is very similar to a breath test machine, but is installed in the dashboard of a car. Before your car will turn on, you must breathe into the device. If the amount of alcohol on your breath exceeds the legal limit, the engine will not start. Furthermore, once you start driving you will randomly be required to provide additional breath samples to make sure there is still no alcohol in your system. If you fail to provide a breath sample, or your BAC is above the legal limit, an alarm will go off until the ignition is turned off. In addition, the device keeps a log of its activity. This log is printed out at specified intervals, during which authorities may review it. If any violations are detected, you will face additional penalties.

Yes, most likely. As a first-time DUI offended, a person must serve one day in custody, or 15 days of electronic home detention I lieu of jail. Your sentence will increase the higher your breath test reading, if you refused a breath test, or if there was an accident.