It is not illegal to drink and drive in Washington. The two activities become a crime when mixed to the extent that drinking affects the driving or the driver has .08 percent alcohol in his blood. State v. Franco, 96 Wash.2d 816, 825, 639 P.2d 1320 (1982); see Wash. Rev. Code §46.61.502(1). The general elements of DUI are (1) driving; (2) within this state; and (3) either: (a) a breath or blood alcohol concentration of .08 or more; (b) a blood THC concentration of 5ng or more; (c) the person is affected by alcohol, marijuana, or any drug; or (d) the person is affected by a combination of alcohol, marijuana, or any drug. DUI defense will concentrate on attacking each of these elements.
Counter-intelligence is critical for DUI defense. It is important to understand law enforcement DUI detection procedures so it can be undermined or exploited. In general, DUI detection consists of different phases: (1) vehicle in motion; (2) personal contact; (3) pre-arrest screening; (4) arrest decision; and (5) processing and evidential breath or blood test.
Contact the DUI defense attorneys at Platt & Buescher today to talk about resolving your DUI charge. The DUI attorneys at Platt & Buescher serve Oak Harbor, Island County, Bellingham, Burlington, Mt. Vernon, Whatcom County, Skagit County, Seattle, King County, and greater western Washington.
- Vehicle in Motion Phase of DUI Detection
- Personal Contact and Pre-Arrest Screening Phases of DUI Detection
- Horizontal Gaze Nystagmus (HGN) Test
- Walk and Turn Test / One Leg Stand Test
- Preliminary / Portable Breath Test (PBT)
- Arrest Decision
- Breath Testing
- Blood Testing
- Deferred Prosecutions Under RCW 10.05
- Retaining The Driving Privilege
- Oak Harbor and Island County DUI Defense