Driving under the influence (DUI) laws can be complex and often misunderstood. In Washington State, misconceptions about what constitutes a DUI and how the legal process unfolds are widespread. This article debunk 5 DUI Myths in Washington, providing accurate information to help drivers understand their rights and responsibilities.
Myth 1: A Few Drinks Can’t Lead to a DUI
Fact: In Washington, the legal limit for blood alcohol content (BAC) is 0.08% for drivers 21 and over. However, you can still be arrested and charged with a DUI if your BAC is below this threshold if your driving is impaired by alcohol. For drivers under 21, any alcohol concentration above 0.00% can lead to a DUI arrest. Therefore, even a couple of drinks could put you at risk of a DUI if they impair your ability to drive.
Myth 2: Only Alcohol Can Result in a DUI
Fact: DUI laws in Washington encompass all intoxicants, not just alcohol. This includes illegal drugs, prescription medications, and even over-the-counter drugs if they impair your driving. Law enforcement officers are trained to recognize impairment from various substances, and drug recognition experts may be called to assess your condition if drug use is suspected.
Myth 3: You Must Be Driving to Be Charged with a DUI
Fact: You can be charged with a DUI in Washington even if you are not caught driving. Being in “physical control” of a vehicle while under the influence can lead to a DUI charge. This includes situations where a person might be sitting in a parked car with the keys in the ignition while intoxicated.
Myth 4: Refusing a Breathalyzer Test Means No DUI
Fact: Under Washington’s implied consent law, if you refuse a breathalyzer test when lawfully arrested for a DUI, your license will be automatically suspended. Additionally, the fact of your refusal can be used against you in court. Refusing the test does not guarantee that you won’t be charged or convicted of a DUI. In fact, it may lead to more severe penalties.
Myth 5: DUI Charges Can’t Be Defended Against
Fact: There are several defenses available to those charged with a DUI in Washington. These can include challenging the legality of the traffic stop, the accuracy of the breathalyzer test, or proving that you were not in physical control of the vehicle. An experienced DUI attorney can provide essential guidance and help you explore all possible defenses.
Conclusion: Know the Facts
Understanding the realities of DUI laws in Washington is crucial for all drivers. By debunking these myths, we aim to provide clarity and encourage responsible behavior on the roads. If you or someone you know is facing a DUI charge, it’s important to consult with a knowledgeable DUI attorney to navigate the complexities of the law effectively.
This article not only clarifies common misconceptions but also enhances your understanding of DUI laws, ensuring that you’re better prepared to make informed decisions about driving. Remember, when it comes to DUI charges, fact-based knowledge is your best defense.
You can read the DUI statute RCW 46.61.502 here: https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.502
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About Blanford Law:
We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions. If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com
