Such a common question.
There are TWO ways to get an alcohol related DUI in Washington.
1) Be above .08 within 2 hours of driving.
2) Have your ability to drive affected to ANY appreciable degree by alcohol.
It's not saying they'll win a .06/.07 but they CAN charge it.
Your friend should call a DUI attorney immediately. I'd be happy to discuss this with her.
The DOL Hearing is one of the most crucial parts of my process in representing a client. You should absolutely request the hearing and hire a skilled DUI attorney immediately to help you through it. Even though the odds of winning this hearing statistically are low - the information gathered from the hearing is often what makes the difference between a great result in court and a bad result in court.
Feel free to call me with additional questions.
At this point your son needs to immediately seek legal counsel - and he needs to not speak to anyone about these allegations, including his friends or even his close family. He is in serious legal jeopardy and needs to be represented immediately.
Typically when an individual is arrested for DUI the police officer will forward the police report to the prosecutor's office who will file the formal charges sometime later. In King County that can take weeks or even months. Which court he will end up in depends largely on where exactly he was contacted and by whom.
HOWEVER - it's important to note that if there was a breath test above .08 or a refusal - your son's driver's license may be already in jeopardy to the department of licensing....
Sadly, even if dismissed - under Washington State Law - any prior DUI that was amended to a Reckless Driving like yours - counts as a prior DUI if you get another one in seven years. You'll want to consult with a DUI attorney immediately.
Mr. Leo is correct - it's not a usual occurrence - but it IS possible. However - one thing to consider is whether or not you have any prior criminal history. Assuming you don't - then you're likely safe. If you DO have criminal history - you really need to make sure you have a skilled DUI attorney with you at your arraignment. Feel free to call me for your FREE CONSULTATION at 425-424-4901.
Most often, I advise my clients to get their evaluation soon after reviewing their case. The court can't and won't require it as a condition. If you're charged, you're better off spending your time and resources hiring a skilled and qualified DUI Attorney. Someone who can guide you step by step through the process and tell you when and how to get these things done to minimize the consequences to you.
Remember - DUI carries MANDATORY JAIL and LICENSE consequences. Hire a lawyer immediately....