Legal Question in DUI Law in Washington

Re: What can I do to reduce my charges?

Yor breath alcohol limit is .02 because you are a minor for purposes of consumption of alcohol in this state. With everything else, I will only say that every case can be defended and you will need to speak to an attorney as soon as possible because of your DOL hearing rights being only 30 days. That DOL hearing process is an entirely different and additional matter.

Re: What can I do to reduce my charges?

First, I suspect this fact scenario came from a classroom and not the roadway. It appears to be a textbook legal writing case.

The previous responses correctly stated that the legal limit for a person under 21 is .02; however, you were charged with DUI, for which the legal limit is .08 regardless of age. To be convicted, the judge or jury would have to find that "your ability to operate a motor vehicle was impaired to an appreciable degree". You can not be convicted of DUI based upon the breath test alone. The test could used be in conjunction with other evidence to indicate affectation.

It could be to your benefit that the officer followed you for 8 blocks - your driving may have been captured on video. Of course, if you drove like a one-legged polka dancer, the video will do more harm than good.

The PBT is admissible to establish probable cause if it is a particular model; however, it is not admissible at trial. Additionally, the officer must adivse you that you have the right to refuse a PBT test. This will only be significant if you challenge the arrest.

You will have no problem getting the case reduced to either a Negligent Driving 1st Degree or Minor Operating Motor Vehicle After Consuming Alcohol (.02 limit). The former will be treated as a 1st offense DUI if you find yourself in this situation again; however, it carries no license suspension and the penalties are generally lower. The latter also has lower penalties, but carries a license suspension as a result of the conviction.

If the officer sent DOL a report that you were arrested for DUI and blew a .02 or higher, your privilege to drive will be suspended for 90 days. This is an administrative sanction that is independent of the criminal prosecution. You have 30 days from the date of arrest to mail or deliver your request for a hearing to contest the administrative suspension of your driving privilege.

If you are only interested in a reduction of the DUI charge and the ultimate conviction is for Minor Operating w/.02, you should try to enter your plea about 60 days from the date of your arrest - the day that the 90-day administrative suspension would begin.

Finally, if this an assignment, you still need citations. Hit the library.

Re: What can I do to reduce my charges?

Unfortunately, due to your age, the legal limit is .02, not .08. For a person over 21, both tests need to be over .08. The fact that you were given two BAC tests is not only common, but actually required. The PBT (portable breath test) is inadmissible at trial, so the fact that the officer failed to explain that it was voluntary doesn't hurt too much. Please call me to set up an appointment; without additional information and a review of the discovery (police report etc.) the amount of advice I can give you is very limited. My phone number is 206-985-8000. David Ruzumna