Mt. Vernon DUI Lawyers
- Howson Law Office:
It is a crime to drive an automobile on the public highways of the
State of Washington with an alcohol concentration at or above the legal
limit. The legal limit in the State of Washington is "0.08." This is a
very low standard, considering that the average person can reach the
legal limit with only a couple of drinks Despite this legal limit, you
must also keep in mind that you can be arrested for and convicted of
DUI at an alcohol concentration below the legal limit, as long as the
prosecution can prove beyond a reasonable doubt that your ability to
drive was affected to any appreciable degree. Many people believe that
they have satisfied their obligation to give a breath sample by blowing
into the portable breath test device that is commonly given by the
police officer at the scene of the traffic stop. This misconception is
a serious mistake. The Law is satisfied only when you blow into the
breath test machine that is located at a police station. Refusing to
submit to the portable breath test machine will not impact your
driver's license BUT refusing to submit to the breath test machine at
the police station will result in serious licensing consequences and
may adversely impact the defense of the DUI charge.
A driver who refuses to take a breath test faces a number of adverse
consequences. The most serious is a one-year license revocation for a
first refusal within seven years, or a two-year license revocation for
a second or subsequent refusal within seven years. There is no
possibility of getting an occupational license. The fact that a person
"refused" is admissible in the DUI trial. The prosecutor can, and
usually do, argue that the reason the driver refused testing was
because the defendant knew he or she was drunk and would fail the test.
Additionally, a test refusal can increase the fine and jail sentence of
a person convicted of DUI as well as result in additional and longer
license suspensions based on the conviction. Since many arrested for
DUI have never faced the dilemma of having to decide whether to take an
official breath or blood test, it is in your best interest to exercise
your Constitutional Right to speak with an attorney to discuss your
legal options prior to deciding to giving a breath test, regardless of
the time, day or night.
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