DUI offenses can be strenuous and often impact our lives in a negative way. Below will guide you through some of the basic information people should understand about DUI. As always we recommend hiring a DUI Attorney that can assist you through this process. A good DUI Attorney will not just lead you through the process but will coach you along the way. For any questions about the below, please feel free to reach out to Alex Johnson our DUI Lawyer for any help you may need.
Driving under the influence or DUI is regarded as a serious offense in the eyes of the law. Each State, including Washington, has its unique legal standards and procedures regarding the crime of DUI. Additionally, there is federal constitutional and statutory law that applies in the context of a DUI. To make matters even more complicated, each prosecuting jurisdiction (whether state, county, or city level) has different interpretations or positions regarding the State’s DUI law. Moreover, each prosecuting office has different policies and procedures regarding negotiations and recommendation for those charged with driving under the influence. As such, DUI laws and the application of such laws vary widely from State to State, County to County, and/or City to City. For individual charged with a DUI, it is an overwhelming experience.
Driving under the influence (DUI) – DefinitionA person commits the crime of driving under the influence when he or she drives a motor vehicle while he/she is under the influence of or affected by intoxicating liquor, marijuana, or any other drug (or a combination of alcohol, marijuana or any other drug). By law, a person is under the influence of alcohol if his/her blood alcohol concentration is .08 or higher within two hours after driving. By law, a person is under the influence of marijuana if there is sufficient marijuana in her/his body to have five nanograms of THC per milliliter within two hours after driving.
Generally, there are two different ways the government can show a person has committed the crime of driving under the influence or DUI. First, the prosecutor may present evidence that shows the person’s BAC or blood alcohol concentration was at .08 or higher within two hours of driving. This is often presented via scientific methods which measure BAC in the body such as blood testing or breath testing through a breathalyzer. In Washington State, for Marijuana based DUIs, blood testing is conducted to measure a person blood concentration of THC (tetrahydrocannabinol, the active ingredient of marijuana). The second method is a catch all. If the prosecution cannot show the person’s BAC or THC level was above the legal limit, the prosecutor may attempted to present evidence showing the person was under the influence. A person is under the influence of or affected by alcohol, marijuana, or any other drug if the person’s ability to drive a motor vehicle is lessened in any appreciable degree. This is commonly done by testimony from the arresting officer, video from the patrol car’s dash, and/or other witnesses saw the person prior to or while driving.
Interesting information on Marijuana and DUI rates in Washington State."As TV news station KXLY in Spokane, Washington, reported, the Washington State Patrol’s Toxicology Lab produced 988 THC-positive tests from drivers in 2012, then 1,362 THC-positive tests in 2013." link to article
Driving under the influence (DUI) – Blood Alcohol Concentration (BAC)Blood alcohol concentration or BAC may be measured by a breathalyzer or by blood testing. Most stated, Washington included, have DUI laws which impose a strict BAC limit such as .08. The blood alcohol content is measured by calculating grams of alcohol present in one hundred milliliters of blood. The effects of alcohol gradually increase with consumption and gradually decrease after consumption has stopped. This is also true with the BAC level within the body. For example, once a person drink an alcohol beverage, the BAC in such person’s body gradually increasing until it hit a top point then falls slowing back down to zero. This is a typical bell curve presentation. This is important as the measurement of BAC changes with time. Washington State law appreciates that BAC level dissipates as evidenced by a two hour window of time from the point of operating the vehicle to the time of testing. If the testing is done within such period and shows a BAC over .08, the government will move forward with a per se DUI based upon the strict standard. If the testing is outside the two hour window of time, the prosecutor may still use the test; however, the prosecutor will then have to show the test is evidence of impairment of driving, the catch all method.Here's some interesting information: A link to the 2016 Washington State Patrol Traffic Safety Annual Report, including stats for the Tri-Cities PDF LINK HERE
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