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I blew a .085 on the field sobriety test and got taken into the police station but passed the breath test at the station

Seattle, WA |

they took 2 breath tests at the station and said that both had to be above .08 for me to get a DUI. Since one was below .08 they let me go. How do I deal with this? Do i need a lawyer even though my license isn't suspended and will it show on my record that I was arrested even though I passed the test? Any information will be very appreciated. I don't know if I have to go to court or not but am very nervous =/ I was told I might receive something in the mail

Attorney Answers 4


Check with the police department to see if you were issued a ticket. If not, then you are OK. Watch the mail.

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A DUI charge can be filed if the state (prosecutor) thinks there is enough evidence to show that you were either above the legal limit of .08 or if there is sufficient evidence to show that your driving was affected by the alcohol you drank. If the prosecutor does not think there is enough evidence to charge you with DUI, you still may be charged with a lesser offense of First Degree Negligent Driving. Make sure that the court for the county where this incident occurred has a good address for you. If the prosecutor decides to charge you, you will be sent a Summons to appear in court. For a DUI, the prosecutor has up to 2 years from the date of the offense to charge you. For a First Degree Negligent Driving, 1 year to file. You may want to retain a criminal defense attorney now and discuss in private the circumstances of your case. That way, any evidence you have which would benefit you will not be at risk of being lost.

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You will be getting something in the mail.

You do NOT need to be above .08 to get a DUI in Washington State. That's ONE of two ways to do that. The other way is to have your ability to drive be affected to any degree by drugs and/or alcohol. Which they can and will charge you with.

You need a skilled DUI attorney immediately.

Every case is different, and this is not intended to be anything other than helpful information. This in no way creates an attorney-client relationship between us. If you'd like to speak further about this answer, feel free to call me for your FREE CONSULTATION at 425-424-9401.

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Depending on what the officer says about your driving, your Physical
Field Sobriety Tests and your appearance you may be charged with
DUI or Negligent Driving in the First Degree. Negligent Driving in the
In the First Degree is much less serious and does not have any manatory
jail or loss of license.
If you were not issued a citation at the time of your arrest make sure that the address on your driver's license is up to date. You are likely to recieve a Summons Or Notice to appear in the mail. An attorney may be able to contact the prosecutor and find out what is going on. The attorney may also be able to encourage the prosecutor to file the Negligent Driving charge or to not file any charge at all.

Answers given on this website are for general informational purposes only. They do not substitute for obtaining a legal opinion from an attorney who has met with the individual involved. The answer given here Does Not Create an Attorney- Client Relationship. I can only give advice to an individual who I have met or spoken with. In order to provide that advice I will need to ask a number of questions and get answers to those questions. Anyone seeking representation in the State of Washington may contact my office at 425 643 9424 and set an appointment to speak with me. Unless I have met with an individual and given them advice directly, the answer given here should be considered general information to be discussed with an attorney when one is directly consulted or hired.

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