Can a person be charged with a DUI even if their blood alcohol concentration (BAC) is below the legal limit?
Yes, a person in Washington can be charged with a DUI even if their blood alcohol concentration (BAC) is below the legal limit. This is because Washington has adopted a zero-tolerance policy for impaired driving. Any person operating a vehicle with a BAC of 0.02 percent or higher is considered to have an illegal amount of alcohol in their system, even if it is under the state’s legal limit of 0.08 percent. If a person is stopped while driving and is found to have a BAC of 0.02 percent or higher, they will be charged with a DUI, even though this is technically under the legal limit for the state. The penalties associated with this charge are the same as if the person had a higher BAC, which can include fines, jail time, license suspension, and an increase in car insurance rates. Furthermore, the person may also face administrative penalties, such as restrictions on the vehicle they can own and a requirement to file an SR-22. In Washington, having a BAC of 0.02 percent or higher can be considered a form of reckless or negligent driving. This means that even if the person is below the legal limit, they can still be charged with a DUI. It is important to understand that the penalties for a DUI are severe, and it is important to take every measure to avoid driving while impaired.
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