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

Asked about 2 years ago - 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)

  1. Teresa Lynn Border

    Contributor Level 14

    6

    Lawyers agree

    Answered . 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.

  2. Jonathan Dichter

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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... more
  3. James C Forslund

    Contributor Level 19

    3

    Lawyers agree

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

  4. Howard Stanton Stein

    Contributor Level 8

    Answered . 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... more

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