was arrested for DUI out of state, BAC was 0.019

[dmbfan0273]

What is the name of your state (only U.S. law)? Washington
So I was on vacation in Washington state this past week. I'm stationed in California, but i'm an ohio resident. I went out with my wife to meet some friends for dinner and had 2 beers. On the way back to the hotel I was checking my gps to see how to get back and when I went through an intersection, the light was yellow then turned red. a Washington state trooper pulled me over and asked if I knew why, I said so. well he said it was because I went through the intersection and the light was red. then he asked if I had been drinking and I told him yes, I had 2 beers at dinner a few hours ago. He asked me to step out and do a field sobriety test. The eye test, 9 step test and standing on one leg test...then he walked me over to his vehicle and asked if I wanted to do the breathalyzer test. I said no, because I heard that they aren't accurate. Well he handcuffs me and takes me to the station and asks some more questions and I agree to the breathalyzer that they had at the station. I took the test twice and the results were 0.019 and 0.020. I'm a little confused so if anyone has any advice/thoughts, I would appreciate it.

 

[swalsh411]

Have you been charged with anything? If so what?

Also are you sure about either how much you had to drink or what your BAC was? Was it .2 or .02? .02 is well under the limit of presumed intoxication, and .2 is almost 3 times over. I highly doubt you would be charged with a DUI at .02 unless there was some other mitigating factor, and there is no way you got to .2 after only 2 beers a few hours ago.

An arrest under suspicion of DUI doesn't necessarily lead to one being charged with a crime.

 

[davew128]

I find it difficult to believe that you blew those numbers on only two beers unless they were the size of a 7-11 DoubleGulp.

 

[OHRoadwarrior]

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.502

It does not appear you qualified for a DUI. Unless you are under 21.

RCW 46.61.503

or he was being a meany:

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.504

 

[Zigner]

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.502

It does not appear you qualified for a DUI. Unless you are under 21.

RCW 46.61.503

or he was being a meany:

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.504

Huh? From your link (see sub-para (c))

RCW 46.61.502
Driving under the influence.

(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or

(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or...

 

[mayaalex]

Any driver with BAC, above .08 percent is measured “per se intoxicated” under the law. Because of this, it could be in your best to hire a DUI or DWI attorney’s to help. There are many technical defenses available, where an attorney can assist you either in negotiating the charge filed or the reducing the consequences of the charge.

 

[HighwayMan]

The trooper was probably going on his observations of you. No chemical test of your breath, blood, or urine is necessary for you to be arrested and charged. I have seen people convicted based upon mere observations.

 

[betachains]

The trooper was probably going on his observations of you. No chemical test of your breath, blood, or urine is necessary for you to be arrested and charged. I have seen people convicted based upon mere observations.

If the arrestee has a BAC of 0.02 in the absence of any other intoxicant, I find this very hard to believe.

Yes, a driver may be DUI with minimal alcohol, but 0.02? DA's (I hope) have better cases to pursue.

To the OP: wait to see if you actually get charged. If so, get a lawyer at that point.

 

[HighwayMan]

If the arrestee has a BAC of 0.02 in the absence of any other intoxicant, I find this very hard to believe.

The .08 is just a per se limit. I have processed many people who were severely impaired with a much lower BAC than .08. If the trooper's observations are well documented and support intoxication then it is certainly possible to be convicted with a .02.

 

[betachains]

The .08 is just a per se limit. I have processed many people who were severely impaired with a much lower BAC than .08. If the trooper's observations are well documented and support intoxication then it is certainly possible to be convicted with a .02.

It may be possible, but absent other intoxicants, in my neck of the woods (CA) I just don't see an adult being charged - never mind convicted - for DUI with a BAC of 0.02, or 0.05. They may be charged with non-alcohol related crummy driving, but that's another story.

 

[justalayman]

If the arrestee has a BAC of 0.02 in the absence of any other intoxicant, I find this very hard to believe.

Yes, a driver may be DUI with minimal alcohol, but 0.02? DA's (I hope) have better cases to pursue.

To the OP: wait to see if you actually get charged. If so, get a lawyer at that point.

well, I can assure you a person with a .02 bac can appear to be intoxicated. Actually on a BAC calculator it worked out that mine would have been about .008 (that's 1/10 of the per se limit) and I can assure you I could not have driven a car safely. At .02 I would be the guy with the lampshade on his head.

I do not drink (or actually so rarely that if I drank beer, a 6 pack would last better than a decade) so alcohol has a quite strong effect on me.

 

[betachains]

well, I can assure you a person with a .02 bac can appear to be intoxicated. Actually on a BAC calculator it worked out that mine would have been about .008 (that's 1/10 of the per se limit) and I can assure you I could not have driven a car safely. At .02 I would be the guy with the lampshade on his head.

I do not drink (or actually so rarely that if I drank beer, a 6 pack would last better than a decade) so alcohol has a quite strong effect on me.

It's good to know your limitations, but the question was whether someone will be charged with DUI at BAC of 0.02.

Also, I believe the BAC calculators are based on college-aged volunteers. Who knows what a couple of drinks will do to BAC in a particular person not of that demographic?

 

[justalayman]

It's good to know your limitations, but the question was whether someone will be charged with DUI at BAC of 0.02.
?

well, here is the law:

(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or

(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or

(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

based on the fact the number is irrelevant when the effects are used as the determination, the answer would be yes, they can be. Whether they will be or not is something you will have to consult the crystal ball or magic 8 ball for an answer. The numbers are only for per se based determinations.

 

[dave33]

.02 is a ridiculous number to say that a person is drunk. I would imagine the officer would claim the person was using some other drug.

.02 could be the reading if someone recently smoked or a number of other things. Even when a person did not have any alcohol a machine can often register a low number like .01 or .02.

 

[justalayman]

dave33;3220241].02 is a ridiculous number to say that a person is drunk. I would imagine the officer would claim the person was using some other drug.

who said they would be "drunk"? The law criminalizes driving under the influence of whatever; alcohol OR some other drug. That means if it is determine the driver is impaired, regardless of the BAC or test results for some other drug they are driving illegally.

.02 could be the reading if someone recently smoked or a number of other things. Even when a person did not have any alcohol a machine can often register a low number like .01 or .02.

Oh please provide some support for your claim.