In this article, you will discover:
- What your BAC means for your DUI case.
- How field sobriety tests impact a DUI case.
- What happens to your license after a DUI arrest.
Could I Still Be Charged And Convicted Of DUI In Washington State If My BAC Was Below Legal Limit?
Having a blood alcohol concentration (BAC) below the legal limit of 0.08 in no way guarantees immunity from a DUI charge. If your driving is deemed to have endangered others, authorities may still pursue a DUI charge based on the observed impairment, regardless of the specific BAC level.
I Blew At Least Twice The BAC Limit In Washington State. Are There More Serious Charges And Consequences If I’m Convicted?
While there are no automatic additional flat sentences for high-BAC DUI cases, the consequences can vary based on prior history. If you have a history of DUI charges related to high BAC readings, the court may opt for a more severe punishment during sentencing. However, it’s important to note that the maximum penalty for DUI remains consistent, reaching up to 364 days in jail and a $5,000 fine, irrespective of the level of intoxication.
If I Knew I Was Drinking And Driving, Should I Just Go Ahead And Plead Guilty And Get My Case Over With?
Pleading guilty to a DUI charge immediately is an option, but considering factors like immigration status, SR-22, evaluations, and treatments is crucial. Furthermore, negotiating these aspects may be in your best interest and ensuring that officers followed proper procedures during your arrest is vital, as any lapses can be addressed based on constitutional rights.
All in all, taking time before entering a plea allows for the opportunity to litigate and address these issues, while pleading guilty without understanding the full impact can lead to consequences that may be challenging to manage or negotiate later in the process.
What Is Important Information To Know About My Driver’s License In The Days Following An Arrest And DUI In Washington?
After a DUI arrest, you’re usually held overnight and released. The police provide a notice to the DOL, allowing you to request a hearing within 14 days to contest potential license suspension. Responding to this notice involves a $375 fee for an administrative hearing. If you don’t request the hearing, the DOL may proceed to suspend your driver’s license.
The DOL typically sends a notice with the date and time of impending license suspension, but it’s important to note that your license remains valid post-DUI arrest, and suspension isn’t immediate. As such, taking timely action is crucial to contest potential suspension.
Is Someone Required To Perform The Standardized Field Sobriety Test On The Side Of The Road When Under Suspicion Of A DUI?
Field sobriety tests are voluntary, not mandatory, and you have the right to decline. However, it’s essential to explain your decision if you choose not to participate as prosecutors may argue that refusal implies guilt.
In any case, it’s crucial to note that these tests are standardized and not designed for a pass or fail outcome. Instead, officers use them to observe clues of potential alcohol impairment, emphasizing the importance of understanding your rights during a DUI stop.
The horizontal gaze nystagmus (HGN) test, where you follow a pen’s movement, serves a dual purpose for law enforcement. It assesses your ability to follow instructions and gauges your eye movements, not your proficiency in tracking the pen.
While these tests are not mandatory, refusing them may lead to an argument suggesting guilt in a DUI case. As such, it’s important to understand the nuances and potential consequences when deciding whether to participate in field sobriety tests during a stop.