Are there any exceptions to a DUI charge?
Yes, there are exceptions to a DUI charge in Washington. Generally, in order to be found guilty of DUI, the offender must have a Blood Alcohol Concentration (BAC) of 0.08 percent or higher, as established by the Washington State Legislature. However, there are certain defenses that can be invoked in order to dispute a charge of Driving Under the Influence (DUI). One possible exception to a DUI charge is known as the unexpected emergency defense. This defense may be used in situations where the driver was faced with an emergency that prompted them to operate a vehicle, and no other reasonable option was available. If the driver was able to prove that there was no option other than to drive, it may be used as a defense. Another exception to a DUI charge is illegal search and seizure. In order to be convicted of a DUI, law enforcement must be able to prove that the driver was operating a vehicle with a BAC that was above the legal limit. However, to do this, law enforcement must follow certain procedures, such as obtaining a valid warrant, to obtain evidence. If it can be shown that law enforcement failed to follow those procedures, the evidence obtained may be thrown out and the DUI charge may be dismissed. Finally, a valid reason for a DUI charge to be dismissed is if the driver can prove that the BAC reading was inaccurate or that the machine used to obtain the reading was defective. If the reason for the DUI charge is due to a malfunctioning device, the charge can be dropped. In conclusion, there are some exceptions to a DUI charge in Washington, such as the unexpected emergency defense, illegal search and seizure, and an inaccurate BAC reading. However, the burden of proof rests solely on the driver to prove their innocence in court.
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