The .08 limit is a half truth.

Article by Jonathan Rands, Bellingham, Washington DUI Lawyer

Washington state has done a good job of publicizing that if you drive at .08 or higher, you will be prosecuted. The state patrol's "drive hammered, get nailed" campaign is very effective in putting the dangers and consequences of drunk driving in the minds of Washington drivers. Client Check List (pdf)

So, knowing this, you have one glass of wine or maybe a hot-buttered rum at a holiday party or a neighbor's house. You know you aren't drunk. You are a responsible person, not a law breaking criminal. In fact, you don't even panic when the red and blues start flashing in your rearview mirror.

Jonathan Rands
Bellingham DUI Attorney

How can this be? It happens because there are two distinct sections in our DUI law. One part of the statute sets forth the .08 "legal limit," but the other part says you can be charged with DUI if you are "under the influence of or affected by intoxicating liquor."

Surprisingly, a driver who knows he is under the .08 legal limit will still be charged with a DUI if the police officer who stopped him forms an opinion that he is "affected by" alcohol.

This opinion will be formulated not by the person who knows a driver the best, but rather officer's observations of the driver and performance on field sobriety tests should the driver choose to perform them when offered by the officer.

If you are under the legal limit and yet charged with DUI you will face an experienced prosecutor and a harrowing journey through the legal system.

If a plea bargain is offered, such as a reduction to reckless or negligent driving, you may be intimidated into taking the deal because the prospect of going to trial and possibly being convicted of DUI is so terrifying. This is how you can wind up with a criminal record without ever blowing over a .08.

The road signs you see announcing the .08 legal limit are a half-truth. The whole truth is that being under .08 is no "safe harbor" from being prosecuted for DUI. And refusing the breath test will only make things worse.
 
Even if you are found innocent of DUI, refusing to take the test will result in a year's revocation of your license by the Department of Licensing. If you are convicted of DUI after refusing the breath test, you'll lose your license for two years even if you previously had a clean criminal record.

Who says our DUI laws are not tough? Taken together with the real but unannounced policy of "no tolerance" towards any drinking driver, citizens are on notice: don't rely on being under .08 to keep you out of jail.

About the author:
Jonathan Rands is well known throughout Washington State and in particular in Whatcom and Skagit Counties for his creative, uncompromising and tenacious defense of citizens accused of DUI. Jonathan heads Fox Bowman Duarte's Bellingham office and has earned his reputation as a premier DUI defense attorney one case at a time. He has taken over 100 DUI cases to trial by jury. He has argued over one hundred Department of Licensing administrative hearings and persuaded appellate courts to stay administrative suspensions in over fifty cases. Mr. Rands believes  that each client is entitled to the best possible legal defense.