Understanding Washington State’s DUI Laws: What Constitutes Impairment?

Driving under the influence (DUI) is a serious offense in Washington State. At the Law Office of Erin Bradley McAleer, we aim to provide clear, reliable information to help you understand what constitutes impairment under state laws and how it can affect your case.

What Is Considered Impairment Under Washington State DUI Laws?

In Washington State, impairment refers to a driver’s ability to operate a vehicle safely being affected by alcohol or drugs. Several metrics are used to determine impairment:

Blood Alcohol Content (BAC) Limits

  • General Limit: A driver is considered legally impaired if their BAC is 0.08% or higher. This is measured using a breathalyzer or blood test.
  • Commercial Drivers: For those operating commercial vehicles, the BAC limit is 0.04%.
  • Underage Drivers: Drivers under 21 years old are subject to a zero-tolerance policy, meaning any detectable BAC (0.02% or higher) can result in a DUI charge.

Drug Influence

  • Controlled Substances: DUI laws also apply to drug impairment. If a driver is under the influence of controlled substances—whether prescription medications, over-the-counter drugs, or illegal substances—they can face DUI charges.
  • Drug Recognition Experts: Law enforcement may use Drug Recognition Experts (DREs) to evaluate impairment. These officers assess a driver’s behavior, appearance, and physical signs to determine if drug use affects their driving.

How Is Impairment Determined?

Field Sobriety Tests (FSTs)

Field sobriety tests are used to evaluate a driver’s coordination, balance, and overall ability to drive safely. Common tests include the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus tests. While these tests provide indicators of impairment, they are not foolproof and can be influenced by various factors.

Chemical Tests

  • Breath Tests: Breathalyzers measure the amount of alcohol in a driver’s breath and are commonly used at traffic stops.
  • Blood Tests: Blood tests are used to determine BAC levels more accurately or to detect the presence of drugs. They are often employed when breath test results are disputed or if drug impairment is suspected.

Observational Evidence

Officers may look for signs of impairment such as erratic driving, slurred speech, and difficulty following instructions. Physical evidence like the smell of alcohol, bloodshot eyes, or an open container in the vehicle can also contribute to a DUI charge.

Penalties for DUI Convictions

Penalties for DUI convictions can include fines, license suspension, mandatory DUI education programs, and possible jail time. Repeat offenders face more severe consequences, such as longer jail sentences, larger fines, and extended license suspensions.

Aggravating Factors

Certain factors can lead to enhanced penalties. For example, a BAC of 0.15% or higher can result in increased penalties, and having a minor in the vehicle during a DUI can lead to additional charges and severe consequences.

If you’ve been charged with a DUI in Washington State, understanding these laws and how they apply to your case is crucial. The Law Office of Erin Bradley McAleer specializes in DUI defense and can help you navigate the complexities of your case. Contact us to discuss your situation and explore your legal options.

Contact Us

For personalized legal advice and representation, reach out to the Law Office of Erin Bradley McAleer. We are here to provide you with the guidance and support you need during this challenging time. Call us at (360) 334-6277 today!