Peter J. Peaquin's Answers

WA DUI- Blew a .081, and a .079 within 2 minutes of eachother..

Your first action should be to schedule a consultation with an attorney experienced in defending people charged with DUI offenses. Even though the second result is below the per se limit of .08, the prosecutor can still charge DUI under the "appreciably affected" prong of the statute. The prosecutor also may attempt to introduce evidence of retrograde extrapolation to argue that the alcohol level was above the legal "per se" limit at the time of driving. I would also advise that you request...

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Police search of passenger in car, rights and charges for drug possession in WA state

In Washington, an officer is normally allowed to search the unlocked portions of a car pursuant to the arrest of the driver. Assuming that the officer did not have a seperate basis to search you, I do not believe that the officer had the right to search your person. By exercising "dominion and control" over the pipe, you may be subject to prosecution. Possession of drug paraphenalia is not a felony in Washington.

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Second dui charge- bac 0.068 - what are the chances of changing dui to a lesser offence?

There are many factors that will impact the outcome of your case. The jurisdiction where you were arrested can play a big role in the ability to negotiate a favorable settlement, but ultimately the facts of your case and your lawyers ability to develop legal issues surrounding the evidence that the prosecutor may attempt to use against you will be the most important consideration. It is crucial for you to sit down and talk to an experienced DUI attorney as soon as possible.