Many people assume that as long as their blood alcohol concentration (BAC) is below the legal limit of 0.08%, they cannot be charged with a DUI in Washington.
However, state law allows for DUI charges even when a driver’s BAC is below this threshold if law enforcement believes impairment is present.
Washington’s DUI Laws: More Than Just BAC
Under RCW 46.61.502, a driver can be charged with DUI if they:
- Have a BAC of 0.08% or higher within two hours of driving.
- Are under the influence of alcohol, drugs, or a combination of both to the extent that their ability to drive is impaired.
- Have a THC concentration of 5.00 ng/mL or higher in their blood.
This means that even if a driver’s BAC is below 0.08%, they can still be charged based on officer observations and other evidence.
Factors That Can Lead to a DUI Below the Legal Limit
Officer Observations of Impairment
Law enforcement officers assess drivers for signs of impairment, including:
- Slurred speech
- Bloodshot or watery eyes
- Slow response time or confusion
- Unsteady movements
- Strong odor of alcohol
Field Sobriety Test (FST) Performance
Officers may conduct field sobriety tests (FSTs) to evaluate coordination and cognitive function. Poor performance on these tests can be used as evidence of impairment.
Drug Impairment
- Prescription medications, over-the-counter drugs, or illegal substances can impair driving ability, even with a BAC below 0.08%.
- Drug Recognition Experts (DREs) may evaluate a driver for drug-related impairment.
Combination of Alcohol and Drugs
A driver with a low BAC who has also consumed drugs—prescription or otherwise—may face DUI charges if law enforcement believes impairment is present.
Consequences of a DUI Charge Below the Legal Limit
Even without a 0.08% BAC, DUI charges carry significant penalties, including:
- License suspension
- Fines
- Jail time
- Ignition interlock device (IID)
- Increased insurance rates
Legal Defenses to a DUI Below the Legal Limit
Challenging Officer Observations
Officers may misinterpret fatigue, allergies, or medical conditions as signs of intoxication.
Poor road conditions or anxiety may impact field sobriety test performance.
Questioning the Accuracy of Testing Methods
Breathalyzer results can be affected by calibration errors or improper administration.
Field sobriety tests are subjective and can be influenced by environmental factors.
Medical or Prescription Drug Defenses
Certain medical conditions, such as diabetes or neurological disorders, can mimic signs of impairment.
Prescription drugs may cause side effects that resemble intoxication, even when taken as directed.
What to Do If You Are Charged
Remain Calm and Avoid Admitting Fault
Do not volunteer information about alcohol or drug consumption. Politely request to speak with an attorney before answering questions.
Request Legal Representation Immediately
An experienced DUI attorney can review the evidence and identify weaknesses in the prosecution’s case. Legal counsel may negotiate for reduced charges or case dismissal.
Protect Your Rights and Future
A DUI charge below the legal limit can still have serious outcomes.
Contact Scott Lawrence of Snohomish Law if you have been charged with DUI despite being below the legal limit.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.
