Kent DUI Lawyer | Criminal Defense Lawyer
Are you facing a DUI charge in Kent, WA? If you are like most of our clients, this is probably your first criminal charge. We understand that you are probably disappointed and, more importantly, confused about the process. You probably have questions about what is next. What penalties you are facing and is there any hope for your case. The first thing you should do is contact a DUI lawyer as soon as possible.
Below is the list of some of the most frequently asked questions that clients ask Kent DUI attorneys. For answers specific to your drunk driving charge please contact a DUI lawyer.
To speak to a criminal defense lawyer about your drunk driving charge, contact our firm at (206) 771-4343
WHAT ARE THE LEGAL BLOOD ALCOHOL LIMITS FOR DUI?
Let us start with the basics. In Washington State, the legal BAC limit for adults who are 21 years of age and over, is .08%. For those who are under the age of 21, the legal limit is .02%. For those who hold commercial driver’s licenses, the legal limit is .04%
I TOOK ONE BREATH TEST BEFORE THE ARREST AND ANOTHER TEST AT THE STATION, WHAT IS THE DIFFERENCE?
Generally speaking, when an officer stops a person on suspicion of drunk driving, the officer will administer a roadside breath test. The purpose of this breath test is to determine whether there is probable cause for the arrest.
The results of portable breath test are not admissible at trial. We would to emphasize that “not admissible at trial” is different from “not used in court.” The results of the portable breath test will still be used in court to show that the officer had probable cause to arrest you.
Then there is the actual BAC test that the officer administered in the station after the arrest. This test will be used against you at trial should your case proceed to trial.
To discuss your BAC results with a Kent DUI lawyer, call our criminal defense firm at (206) 771-4343
AM I FREE TO REFUSE BREATH TESTS?
The answer is “it depends.” It depends which test you are referring to. The portable test administered in the field prior to your arrest is voluntary. However, generally speaking, Kent DUI attorneys usually recommend that drivers not refuse the BAC test in the station.
Because Washington State has “implied consent” law, it is in the best interest of the driver not to refuse this breath test. The penalties for refusals are much more severe than they are for drivers who did not refuse the test.
For example, for a driver’s first DUI arrest, the license revocation period for a BAC refusal is 2 years. Compared to 90 days for driver’s with a BAC below .15% and 1 year for driver’s with a BAC at or above .15%.
WILL I BE ABLE TO DRIVE IF MY LICENSE IS SUSPENDED?
If you have a valid Washington State driver’s license or a valid out of state driver’s license, you may qualify for an Ignition Interlock Driver’s License (IIDL). IIDL will allow you to drive during the suspension period.
As part of your application for IIDL, you will need to submit proof of SR-22 insurance and proof of installation of ignition interlock device.
For more information about IIDL, please visit DOL’s website here.
Call our office today at (206) 771-4343 to speak to a Kent DUI lawyer about your drunk driving charge
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