In Washington, there are two ways that you can be charged with a DUI, even with an under .08 breath/blood test result. The first way is to be under 21 years old. If you get charged with minor DUI, this has less repercussions than a DUI, but it is still a serious charge. This blog post will be focused on the second way: being "affected by" alcohol.
The DUI statute, RCW 46.61.502, lists two methods of committing an alcohol DUI. The first is having a .08 or higher, and the second is to drive while under the influence or affected by alcohol.
The law defines being under the influence or affected by if the driver's ability to drive is "lessened to any appreciable degree."
In order to prove this, the State will attempt to demonstrate outward signs of intoxication, such as a lack of coordination, poor field sobriety test performance, bloodshot/watery eyes, an odor of intoxication, and slurred speech.
These sorts of DUI are often easier to defend against than if there is a breath test result, so if you are charged with a DUI, be sure to consult with a lawyer.
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