Why Was I Charged with a DUI If I Blew Under the Legal Limit?

Washington State’s DUI statute identifies multiple ways an individual can be charged with and convicted of drunk driving. The most common, of course, is driving with a blood alcohol concentration over .08. However, you can also be charged with DUI if the police officer believes you are “under the influence of or affected by” alcohol.

Washington State’s DUI Statute: “Under the Influence of Affected by” Alcohol or Intoxicating Liquor

Under Washington’s DUI statute, RCW 46.64.502, a person is guilty of driving under the influence if:

• Within two hours after driving they have an alcohol concentration of .08 or higher
• They are under the influence of or affected by intoxicating liquor, cannabis, or any drug, or
• They are under the combined influence of or affected by intoxicating liquor, cannabis, or any drug

What Does It Mean to Be “Under the Influence of or Affected by” Intoxicating Liquor?

Washington State’s DUI statute authorizes a police officer to exercise their discretion to determine whether a person was affected by alcohol. If the officer believes the driver was affected by alcohol or intoxicating liquor, they can arrest the person and charge them with DUI. The rationale is that every individual responds differently to alcohol, and a lower amount may impair a person’s ability to drive even if their test results are below the legal limit.

Unfortunately, this means that some individuals who were not impaired may find themselves facing the same penalties as someone whose breath test results show an alcohol concentration over the legal limit.

How Does a Police Officer Determine Whether a Driver Is “Under the Influence or Affected by” Alcohol or Intoxicating Liquor?

Police officers are trained to evaluate drivers for signs of possible intoxication before and during a traffic stop. Before stopping a driver, the officer will look for driving behaviors that suggest possible intoxication, such as:

• Weaving outside of the lanes
• Driving unusually slow or very fast
• Delayed responses to traffic signals
• Striking or nearly striking objects or other vehicles
• Illegal turns or stops

Once the police officer has initiated the traffic stop and is interacting with the driver, they will look for other signs of intoxication, which may include:

• The driver’s appearance or demeanor
• The smell of alcohol on the driver’s breath or coming from the vehicle
• Bloodshot or glassy eyes
• A driver who fumbles with their license or insurance information
• The driver admitted they consumed alcohol
• Inconsistent or confused responses to questions
• The driver’s performance on Field Sobriety Tests

Defending Against a DUI Based on the Officer’s Opinion

A DUI charge based solely on the police officer’s opinion presents many ways to defend against the criminal charge.

Challenge the Officer’s Credibility

A skilled DUI defense attorney can:

• Challenge the basis for the traffic stop, arguing the police officer lacked probable cause to stop the driver in the first place
• Question the officer’s observations by presenting evidence or testimony that contradicts the officer’s claim that the driver was impaired
• Show that the field sobriety tests were not correctly or fairly administered.

Present Alternative Explanations

Certain medical conditions or even driver fatigue can mimic signs of intoxication. For example, a defense attorney could argue that the driver’s erratic behavior was caused by a medical condition like diabetes or hypoglycemia, rather than intoxication and present supporting evidence.

Contact Fox Law Firm for Aggressive Defense Against DUI Charges

The Fox Law Firm has decades of experience defending individuals charged with DUI throughout Washington State. If you were charged with DUI in Bellevue, Seattle, or anywhere in Washington State contact The Fox Law Firm today to schedule a consultation and begin building your legal defense.