DUI

Most states now carry "enhanced" penalties for drunk driving convictions where the breath or blood test readings are at or above a certain limit. This policy was engineered by NHTSA with the political assistance of MADD. Disregarding Washington law for a moment, let me point out that CHALLENGING these results is the answer to your question. When you don't fight, the prosecutor always has the upper hand. Challenging the numeric results is often the "ticket" to a reduction of charges to a non-DUI solution or (in your case) assuring that you do not get socked with higher jail time, license suspension, fines, community service hours, etc.

Also, if the elevated test results [that will trigger increased punishment] are excluded and the police fail to gather other credible proof of "impairment by alcohol" [or drugs] to the exclusion of OTHER causes (example, trauma from accident that can trigger symptoms similar to intoxication), then you can easily win even the most ridiculously bad cases. See this recent blood test {0.266 BAC reading} case involving a spectacular accident where a total acquittal was obtained: http://www.avvo.com/case/view/man-drives-car-th....

Only hire the most experienced DUI-DWI attorney you can find to try these difficult cases, because only the top trial lawyers have sufficient knowledge and skill to overcome these seemingly horrific odds. This web site offers you that ability to compare credentials of trial attorneys.

See this outline for case examples for some other ideas about this concept of challenging state breath or blood tests: http://www.drunkdrivingdefense.com/publications... and http://www.drunkdrivingdefense.com/cases/caseli... .

Generally speaking, although each prosecutor can charge how they wish - most of the time you are facing the LOWER of your two BAC's. Since .15 is the dividing line - you're likely in the lower category.