Can I still be charged with a DUI even though I blew under the limit and was released after my arrest?: I was involved in car accident and got arrested for suspicion of DUI when I failed the breathalyzer on the scene. I was taken to the station and took another test but blew under. The officer released me but did mention that I could possibly be charged with a DUI or negligent driving and a suspended license if convicted.
Jonathan’s answer:
You absolutely can be charged with a DUI "below the limit." What's important to understand is that there is no "legal limit". There's really an "illegal limit". The law says you can't be above .08 or you're considered under the influence by law. The law doesn't say that BELOW .08 you're NOT under the influence. It just says you're not AUTOMATICALLY under the influence.
You should consult with a skilled DUI attorney immediately.
What may happen in Wa. If I got my first DUI.: I was pulled over for my headlights being too bright. Was found to have had a drink recently. I agreed to the breathalyzer and in the field I blew an IR result of .101 and EC result of .105 the the 2nd sample was IR result 0.98 and a EC result .101. My first offense of DUI. Was very cooperative and polite. He let my daughter pick me up and my son in law get my car. What will happen to me??
Jonathan’s answer: There’s a lot you need to know and the best piece of advice I can give you is to immediately seek out legal counsel. There are two different processes you’re about to go through: with the DOL and the court. You can’t handle it alone.
If I want to defend myself in DUI case from the state of WA, how do I get access to the "discovery" information on my case?: Arrested in Moses Lake, WA, 2012. Live in Salem, OR. Cannot afford 3500-5000 flat fee for attorney. Traveling back & forth to Moses Lake is a real hardship for me. Because of this old issue, I can't get a driver's license in Oregon. Before I show up at court, I want to know exactly what is the evidence against me. I will claim: NOT Guilty.
Jonathan’s answer: Representing yourself on a DUI is never a good idea. Most courts won't let you even consider it. You MAY qualify for a public defender - or many dui attorneys will work with payment plans.