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Mt. Vernon DUI Lawyers

  1. 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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