I’m always careful about driving every time a have a little drink because I’m afraid of getting caught for drunk driving. What would I do during a DUI arrest in Washington and what are the different blood alcohol tests?

Freddie

Vancouver, WA

If in case in the future you will be pulled over by a police officer because of a DUI suspicion in Vancouver, Washington, never ever answer a police officer’s question pertaining to any information if you have been drinking. This would prevent incriminating statements that could be used against you in court. You should practice your Miranda Rights against self-incrimination especially if you are already under arrest. You also have a right to a lawyer if the police officer already placed you under arrest. If you will be asked to take the field sobriety tests, you can politely refuse to undergo any of it because you are not obligated to do so by law.

But if you will be asked to take the blood alcohol test, you simply cannot refuse the test because of the implied consent law that you agreed upon when you obtained your driver’s license. Under this law, you are obligated to submit to a chemical test to determine your blood alcohol content (BAC) and if you refuse to take the test, your driver’s license will be suspended immediately. There are three ways the police officer use to determine your BAC. First is the drawing of blood sample from your arm, second is obtaining a urine sample and third would be obtaining a breath sample by blowing into a machine called a breathalyzer.

I’ve been keeping myself constantly updated with the latest updates and developments about DUI, especially the defenses because I have once been wrongfully accused of the said offense in Bellingham, Washington but the charge was dismissed. I’ve heard so much about this rising blood alcohol level. What does rising blood alcohol level mean?

Emma

Bellingham, WA

It’s nice to know that your DUI charge in Bellingham, Washington had been dismissed if you were not really driving under the influence. Well, to answer your question, rising blood alcohol level is one the defenses being used in a DUI case. This means that a person suspected of DUI may have different blood alcohol content (BAC) reading that what it really is. For example, a person suspected of DUI can blow a .15 percent at the police station, but have had a .07 percent BAC when he got pulled over. This is because alcohol takes an average of 50 minutes, but can take as long as three hours, to absorb fully into your bloodstream and create the peak blood alcohol level. This is very critical if the DUI traffic stop occurred relatively soon after the person finished drinking.

The BAC was probably still rising when the person blew in the machine which means that even if the BAC was above .08 person when the blood draw or breath test occurred at the police station (or hospital), it may well have been below .08 percent when the person was actually driving. There is no law against having a BAC above .08 percent at a police station; it’s only the BAC level while actually driving that counts for DUI purposes.

Hi. A friend of mine was recently charged with DUI here in Washington. He said that his blood alcohol concentration level was .18 percent which I believe is quite high. Would you know the record for highest blood alcohol concentration?

Kyla

Spokane, WA

A woman who was arrested in Tacoma, Washington on suspicion of DUI reportedly set a record of blood-alcohol concentration (BAC) reading of .50 on a breath test that was taken more than 2 hours after she was taken into custody. This is actually 6 times more than the legal limit and it was surprising that she was able to remain conscious during the said test.

The Washington State Patrol toxicology lab says that a BAC reading of .50 is the highest they have ever seen-definitely a record no one can be proud of. Authorities said that they have only seen a BAC reading that high once before, when a King County motorist was arrested for DUI in 2000.