If I Blew Under the Legal BAC Limit Can I Still be Charged With a DUI?

By Law Office of Lance R. Fryrear

If an officer suspects a driver to be under the influence of alcohol, they may request that you perform a breath test. The purpose of this is to determine the driver's Blood Alcohol Content (BAC) level. If the BAC level is above the legal limit, then that serves as probable cause for a DUI arrest. What many people are unaware of is that you can be arrested for a DUI even if the test shows a BAC below the legal limit. Under Washington State DUI statute RCW 46.61.504, a person may be charged with a DUI if under the influence of alcohol or drugs and there driving is affected. The exact BAC level does not always matter, if the officer believes that driving is affected to any degree, DUI charges may follow. In order to determine whether or not driving is affected, the officer may use any of the following as evidence:

  • The appearance and demeanor of the driver
  • An admission or drinking alcohol or consuming drugs
  • The driver's performance on field sobriety tests

All too often, individuals assume that they can fight against their DUI charges alone, especially if their BAC was below the legal limit. This is not the case, and even in situations like this it is important to seek experienced legal representation. Even with a lower BAC, you can still be facing the serious penalties of a DUI conviction. I am Attorney Lance Fryrear and I have extensive experience in DUI cases. I am a former prosecutor who has handled more than 20,000 cases. I am familiar with the DUI laws in Washington and can help you build a solid defense against your charges. Contact my firm today to schedule your free case evaluation .

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