Under the Limit DUI

[Zebu]

I live in Washington state. I got a DUI after having one drink with a friend about 5 yrs ago. I was pulled over for a headlight out. I passed all the tests and blew a 0.067 Under the limit. I don't understand how it can be "under" the limit and still be chargeable. I got off with a Neg 1 but Why? It cost me $1200 and wasted a year in court. Now, Friday night my brother got a DUI for sitting on his Street Bike, A police officer walked up from "Somewhere" down the road and pushed him over and arrested him. He has been sitting in jail all weekend with a 5000 Cash only bail. "This is his first offense". He blew a 0.14 and wasn't even driving. I worn you. DON"T DRINK A DROP and DRIVE!!!

 

[Some Random Guy]

I passed all the tests and blew a 0.067 Under the limit. I don't understand how it can be "under" the limit and still be chargeable.

The 0.08 BAC limit is the "per se" limit - meaning that if you are at or above this level then the police don't have to prove anything else to show you are guilty. If you are below the limit, then the police need to show proof that you were impaired. This proof can be a result of the field tests or from your driving behavior before you were pulled over. Alcohol affects everyone differently.

Friday night my brother got a DUI for sitting on his Street Bike,

Depending on your state, you can get a DUI for "being in control of a vehicle while intoxicated" where "in control" may mean sitting in/on it with keys in your possesion or while the vehicle is on.

 

[seniorjudge]

I live in Washington state. I got a DUI after having one drink with a friend about 5 yrs ago. I was pulled over for a headlight out. I passed all the tests and blew a 0.067 Under the limit. I don't understand how it can be "under" the limit and still be chargeable. I got off with a Neg 1 but Why? It cost me $1200 and wasted a year in court. Now, Friday night my brother got a DUI for sitting on his Street Bike, A police officer walked up from "Somewhere" down the road and pushed him over and arrested him. He has been sitting in jail all weekend with a 5000 Cash only bail. "This is his first offense". He blew a 0.14 and wasn't even driving. I worn you. DON"T DRINK A DROP and DRIVE!!!

Thank you for your warning.

You and brother need to check in with Alcoholics Anonymous.

Good luck.