Overview of Seattle Criminal Law

If you are in need of a Seattle criminal attorney, you are likely suspected of commiting a crime. I figured that since you are accused of something, you might as well know your rights and what the proseuctor can and will do to you. Today I'm going to discuss Seattle DUI outlined in the RCW 46.61.502.

In layman's terms, DUI happens when you drink enough alcohol that it impairs your ability to drive a vehicle safely. As I'm sure you know, the amount of alcohol in your system is measured by a breathalyzer test, in Seattle called the DataMaster, and a measurement of .08 or greater presumes (accepts without question) that you are too drunk to drive. But, there is even more to the law than that.

There are actually 3 ways to be convicted of Seattle DUI under the law. If you, while driving a car in Seattle:

(1) have, within two hours of driving, a blood alcohol concentration of .08 or higher as shown by an analysis of the person's blood or breath made under RCW 46.61.506;

(2) while the person is under the influence of or affected by intoxicating liquor or any drug; or

(3) while the person is under the combined influence of or affected by intoxicating liquor and any drug.

What does this mean? Well, a couple of things. First, the cops don't need a breathalyzer to arrest you for DUI in Seattle. If, for example, a Seattle cop pulls you over and after talking to you and running field sobriety tests (which you should refuse) believes you are DUI he can arrest you and charge you even if your breath test comes back under .08. The cops can use their "training and experience" to form an opinion as to your sobriety (those are the kinds of cases Seattle criminal attorneys love to defend, by the way). Second, DUI is not limited to just alcohol. You can get a DUI for using drugs too.

Which brings us to section 2 of RCW 46.61.502: the fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section. This means just because you were prescribed Percoset doesn't mean you can use that as a defense if you were driving after just having taken some. Voluntary intoxication is not a defense.

On to section 3: it is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense. Wow, that's a mouthful.

What they are saying here is that if, for example, you've been driving, stop driving, and the cops are looking for you, and between the time you stopped driving and the cops find you you get drunk, you can use that as a defense to a Seattle DUI charge. There are two caveats to this defense, though. First, you must prove that it was more likely than not that your drinking after driving is what caused you to blow above .08; and second, that you have to tell the court and the prosecutor that you plan to use this defense before the omnibus hearing (a hearing where evidence is presented and motions are argued at the beginning stages of criminal proceedings). The law just recognizes that sometimes people drink after they are done driving.

Section 4 was put in there as a last resort in case the Seattle cops mess up with your original breathalyzer test. It says that Breathalyzer samples collected after the 2 hour time limit to take the tests has passed may be used to show you were drunk within the two hour time frame after the incident, or that at least you had been drinking for the non-breathalyzer portions of the Seattle DUI laws. Does it sound a little shady, that the state or city prosecutor could use stale evidence to prove you committed a crime? That's because it is.

Section 5 says that a Seattle DUI is a gross misdemeanor unless section 6 applies. Section 6 says a Seattle DUI is a class C felony if: (1) you have four or more prior DUIs in the last 10 years; (2) the person has been previously convicted of: (a) vehicular homicide while DUI; (b) vehicular assault while DUI; or (c) and out of state offense compared to (a) or (b).

That is it for your basic DUI law. If only it were that simple. Stay tuned for more Seattle DUI information.