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Can I be charged with a dui when my blood alcohol was 0.00?

Kent, WA |

I was pulled over for louder than normal exhaust, the police officer said I smelled like marijuana, then had me perform a dexterity test which he said I didn't pass. He then cuffed me and took me to a hospital for a blood test, which was 0.00. I was reIeased and not processed for a dui. I received an arraignment for a dui in the mail.

Attorney Answers 4

Posted

Most states DUI statutes prohibit driving while your ability is impaired by alcohol, drugs (both illicit and prescription) or a combination of alcohol and drugs.

In your case, with an alcohol level of zero, it sounds like the prosecutor is moving forward with a prosecution based on the smell of marijuana.

There are certainly concerns with such a case. For instance, was the officer certified in Drug Recognition Evaluation (DRE) exam techniques? If not, he might have lacked probable cause to detain and arrest you.

You don't mention why you were stopped or any other indicia of intoxication that the officer claims that you demonstrated. You also didn't mention if the officer requested that your blood be tested for the presence of marijuana. Did you provide a urine sample as well?

Obviously, there are multiple issues in play here. You should immediately consult with a licensed DUI attorney in your jurisdiction. Many can be found from this website.

Best of luck.

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Posted

Under WA State Law an individual can be accused of Driving Under the Influence of Alcohol or Drugs. In your question you mentioned that the officer stated odor of marijuana and then was arrested for DUI. There are very particular procedures that law enforcement must follow when accusing an individual of DUI, especially if there was a blood test.

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Yes, you can be charged with a DUI if the officer suspects you are under the influence of alcohol OR any drug, or a combination of alcohol and drugs. I am curious how you know your blood test result--usually this is not available until after the case is filed and your attorney obtains the case discovery. At any rate, if they tested your blood for alcohol, that wouldn't be very smart because they should have been looking for marijuana in your blood. You should plead not guilty at your arraignment and if you have any prior DUIs, you should not go to the arraignment without a lawyer.

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Yes.You can be charged for driving under the influence. The charge of DUI includes other drugs as well not just alcohol. My guess is that the blood test you took came back with evidence of marijuana. Once the cop got the report back , he or she presented the case to the District Attorney and charges were filed. Have your lawyer check out the probable cause for the traffic stop under Washington law . The reason for the stop sounds fishy.Good Luck

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