The State of Washington takes a tough stance on driving under the influence and levels some of the nation’s toughest penalties. In Washington, you don’t even have to be driving on a public road to face a DUI charge. Law enforcement can make a charge for just sitting in a parked car while exceeding the legal blood alcohol content limits. If you are facing a charge, it’s important to consult with an experienced DUI attorney. At the Law Office of Jonathan R. Morrison, we’ve been representing people in the in Yakima, WA area for more than a decade.
How Does A DUI Charged Work?
Driving under the influence applies to anyone who operates or has “physical control” over a motor vehicle. Physical control is an important legal distinction to understand. There are times when a driver realizes they may be intoxicated and pulls over in the interest of safety. However, if you are in a car on the side of the road or in your driveway, law enforcement can still bring a charge if you fail a sobriety test.
There are three standards for failing a breathalyzer. A driver over 21 years old cannot exceed a BAC of .08 percent. A person operating a commercial vehicle can be charged if they are over .04. That amounts to just one drink in many cases. For anyone under the legal drinking age of 21 years old, the number is .02. Another important thing to understand is that the police have two hours to test you after driving.
Can I Refuse A BAC Test?
The short answer is yes. While you cannot be compelled to take a test, the state has penalties in place for those who refuse. For first-time incidents, refusal may result in losing your driver’s license for one year. A second incident could mean a two-year license suspension and other penalties. However, you do have the right to a hearing and legal representation after refusing a BAC check.
What Are The Penalties?
If you are convicted of driving under the influence, the penalties escalate with each offense. The first conviction can result in 24 days to one year in jail, electronic home monitoring, license suspension and a fine of up to $5,000, among other things. A second offense may result in jail time, $5,000 fine, drug and alcohol education, license suspension of two years, and mandatory SR22 insurance. With each DUI conviction, the stakes get higher and a person with four or more may face felony charges. A felony conviction could result in a $10,000 fine and up to five years in prison.
Defending A DUI Charge
Everyone has the right to remain silent, legal counsel and the state can be forced to prove these charges beyond a reasonable doubt. The state isn’t always correct and BAC and field sobriety tests can be unreliable at times. It’s important that you have an experienced attorney on your side. At the Law Office of Jonathan R. Morrison, we aggressively defend our clients.
Call 360-621-8766 to get in touch with the Law Office of Jonathan R. Morrison today!