Washington DUI Defenses
Driving under the influence (DUI) is more than a simple traffic violation in Washington State. Drunk driving is a serious crime and comes with serious penalties, such as stiff fines, jail time, and a driver’s license suspension.
If you have recently been arrested for drinking and driving, not all is lost. Attorneys who are experts on DUI law understand common defense strategies. Below you will find several of these DUI defenses.
It is illegal to have a blood alcohol content (BAC) level over the legal limit while driving, not at the time of the test. Because it takes anywhere between 45 minutes and 3 hours for alcohol to be absorbed into a person’s system, the driver’s BAC will continue to rise after he or she is pulled over and arrested. This is known as a “rising BAC defense.”
It is quite common for an hour or more to elapse between the traffic stop and the administration of a breath, blood, or urine test. If the driver has a BAC of .11 percent when given the test, it is quite possible that his or her BAC was only .06 percent while driving.
Was there probable cause to stop the driver? Evidence in a DUI case may be suppressed if the law enforcement agent did not have probable cause to stop, detain, and arrest the driver.
BAC testing is often brought into question by the defense. Was the breath-testing device calibrated and maintained? Did the officer administer the test according to procedural requirements? If not, the results may be inadmissible in court.
There are other problems with breath-testing machines. These machines often register chemical compounds in the driver’s breath as alcohol. The machines also assume that there is a 2100-to-1 ratio of converting alcohol found in a driver’s breath to the alcohol level in the blood. However, this ratio varies from driver to driver.
The officer’s testimony may also be disputed by the defense. If the officer testifies that the driver had red eyes, it could just be a sign of allergies or sleepiness. Field sobriety tests are highly subjective – the officer determines what is failing. If the driver fails the test, it could be caused by a physical ailment. Witnesses may be called to testify that the driver appeared to be sober.
These are just a few of the many defenses that a qualified attorney can utilize in a DUI case. If you have recently been arrested for DUI in Washington, complete our online form to get in touch with a defense attorney.
