What will get you a DUI in charge in Bainbridge Island Washington

In Washington State, alcohol-impaired driving is responsible for one-third of all traffic fatalities, which is significantly higher than the national average of 28 percent. As a result, prosecuting these infractions has become a top priority for the state’s justice system. If you’re facing a DUI charge in Bainbridge Island, it’s essential to understand the laws, your rights, and what constitutes driving under the influence.

At LaCross & Murphy, our dedicated Bainbridge Island DUI attorneys are committed to protecting your rights, drawing on our extensive experience and proven track record in DUI defense to fight for the best possible outcome for your case.

Here’s a closer look at what conditions may lead to a DUI charge in Bainbridge Island and how you can build a defense against it.

What Constitutes a DUI Under Washington State Law?

When it comes to prosecuting someone for driving under the influence, a DUI charge can be based on two primary factors under Washington Law:

1. Blood Alcohol Concentration (BAC)

The most commonly used and widely-known basis for a DUI charge in Washington is measuring a driver’s blood alcohol concentration (BAC) within two hours of driving. Washington’s legal BAC limits, as outlined in RCW 46.61.502, are:

.08 or higher for drivers aged 21 and older
.02 or higher for drivers under 21 (minors), and
.04 or higher for commercial vehicle drivers, per RCW 46.25.010.

If you are legally arrested for a criminal offense like DUI, Washington’s Implied Consent Law (RCW 46.20.308) requires you to submit to a breathalyzer test. While drivers can refuse a field sobriety test, doing so does not prevent law enforcement from making an arrest if they have sufficient cause.

Additionally, the efforts to lower the legal blood alcohol limit in Washington are gaining momentum as alcohol-related fatal crashes increased once again in 2023. Lawmakers are currently considering legislation in both the House and Senate that would reduce the maximum allowable blood alcohol concentration (BAC) for drivers from 0.08% to 0.05%.

2. Other Impairment Factors

Even if breathalyzer test results or specific measurements are not available, the state can still proceed with a DUI charge by proving that you were “appreciably affected” by alcohol or drugs while driving. Under RCW 46.61.502, this includes:

Prescription drugs: Prescription drugs are considered to cause impairment, even if they are legally administered by a doctor.
Other substances: Washington law, since August 1, 2012, also defines “drugs“ as any chemical inhaled or ingested for intoxicating or hallucinatory effects (RCW 69.50.101).

Defending Against a DUI Charge in Bainbridge Island

If you are pulled over and facing a DUI charge, it’s crucial to remember that you still have rights and potential defenses. A DUI charge doesn’t automatically mean a conviction. Here are some common defenses that may be applicable in your case:

1. Affirmative Defense

One of the most common defenses against a DUI charge is proving that the alcohol was consumed after you had finished driving. This defense is permitted under RCW 46.61.506(3), which allows you to demonstrate that the alcohol or drug consumption occurred after you operated the vehicle.

2. Challenging Probable Cause

Law enforcement must have probable cause to pull you over. If it can be shown that the officer did not have a valid reason to stop you, your attorney can challenge the legality of the stop and potentially have the charges reduced or dismissed.

3. Failure to Provide a Miranda Warning

When a person is arrested, they must be informed of their rights (Miranda rights). If the officer failed to issue this warning before arresting you, this could be used in your defense.

4. Breathalyzer or Equipment Malfunction

Breathalyzer machines, like any other device, can malfunction. If it can be proven that the breathalyzer was not functioning correctly, the results might be thrown out. Under RCW 46.61.506(4), breathalyzer results can be challenged if the testing procedures are not properly followed.

What to Do If You’re Charged with a DUI in Bainbridge Island

Being charged with a DUI can be an overwhelming experience, but you don’t have to face it alone. At LaCross & Murphy, we are here to guide you through the process, ensure your rights are protected, and help you understand your options. If you’ve been arrested for a DUI, consider the following steps:

Contact an Attorney Immediately: Reaching out to an experienced DUI attorney in Bainbridge Island as soon as possible allows your legal team to begin reviewing your case and formulating a defense strategy. Early intervention can be critical in challenging the evidence and protecting your rights.
Document Everything: If possible, document the events leading up to and following your arrest. This includes any interactions with law enforcement, as well as any medical conditions or medications that might have affected your behavior. Your attorney can use this information to strengthen your defense.
Avoid Making Admissions: After an arrest, it’s essential not to make any admissions of guilt. Statements like “I’m sorry” or “I had a drink” can potentially be used against you in court. Speak to your attorney before discussing your case with anyone, including law enforcement.

Contact Our DUI Attorneys at LaCross & Murphy Today

Even if you have been arrested for a DUI, you retain rights that protect you during proceedings. At LaCross & Murphy, we understand the stress and uncertainty that comes with a DUI charge, and we are committed to helping you navigate the legal process with confidence and care.