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Is it True I Can be Arrested for DUI Even if I Blow a BAC Under .08?

Posted by Raymond Ejarque | Jul 24, 2019 | 0 Comments

YES, whether or not you can be arrested for DUI is not only determined by your BAC, but also by the arresting officer's opinion and observations in in the field. In recent Washington case law, drivers have been cited for DUI with BAC's as low as .05. This means that even a causal dinner, with a drink or two, can leave you in an impaired state.

Of course, with such strict DUI laws on the books it is preferable not to drink and drive at all but, if you find yourself pulled over on suspicion of DUI then your actions may determine whether or not the officer's observation lead to your arrest. Once you've been pulled over the officer will look for slurred speech, fumbling for your license, and a number of other indicators. If you are out for dinner and drinks and make the decision to drive then having these documents within easy reach is one way of avoiding negative observations from the officer.

Always maintain a respectful demeanor towards the officer and politely decline any field sobriety tests (FST's) and the portable breath test (PBT). These tests are voluntary and if you decide to participate in them the results often can hurt you more than help. If arrested for DUI with a BAC under .08 you should contact an attorney with experience defending cases both under the legal limit and over it.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney. To speak with an attorney about your case, please contact Law Office of Raymond W. Ejarque for free and private consultation 206-621-1554 or visit our website at for more information.

The information in this blog provides no legal advice and is no way a substitute for speaking with an attorney.

About the Author

Raymond Ejarque

Raymond Ejarque has practiced law since his admission to the Washington State Bar in June of 1994. He started his career in public interest law helping migrant farm workers and indigents in Texas and Washington State.  Later he worked in Criminal defense as a public defender in Seattle for many y...


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