DUI cases can come in many shapes, sizes and forms. The .08 legal limit is simply a “per se” legal limit in Washington State. In other words, if a suspected DUI driver has a breath or blood test that is .08 or greater he is considered to be driving under the influence regardless of whether he actually was under the influence of alcohol. So what happens when a suspected DUI driver blows below the .08 per se limit, but still shows that he has alcohol in his system? More often than not – and as unfair as it may seem – he will be charged with a DUI. In pursuing her case the prosecutor will either try to establish that the driver was “appreciably affected” by the alcohol consumed, or alternatively that the breath test was at or above the .08 legal limit within two hours of driving. The later is done by using Widmark’s Formula. Widmark’s Formula is an equation that considers the amount of alcohol consumed, body weight, alcohol elimination rate, time since first drink and a handful of other variables. Here is the exact Widmark formula:
N = f(W, r,Ct ,β , t, z)
N = Wr(Ct + βt)
If the prosecutor can sufficiently establish for a jury that a suspected DUI driver had a .08 breath/ blood test within two hours of driving, they are required by law to convict the person of driving under the influence. So one should be very wary of trying to drink moderately before driving a vehicle. Even with the best of intentions, a drinking driver can unintentionally find himself saddled with a DUI conviction.
Because of the significant implications a DUI arrest and/or conviction can have, it is imperative that a person charged with DUI in Washington State immediately retain a qualified Seattle DUI lawyer or a qualified Bellevue DUI lawyer. In many instances, a qualified Seattle DUI lawyer can significantly reduce the impact that a DUI charge will have on an individual’s life. The right Seattle DUI attorney will be worth his/her weight in gold when protecting a person’s rights, freedom and future. The Seattle DUI attorneys that make up the litigation team of SQ Attorneys are dedicated to defending those accused of drunk driving. They have the experience, knowledge and resources to successfully defend your case. Unlike other law firms that practice in many areas of the law, SQ Attorneys is focused on criminal defense representation with an emphasis on DUI defense in Western Washington.
If you or a loved one is faced with a DUI charge in Western Washington, you deserve the assistance of a reputable and qualified Seattle DUI attorney who will relentlessly defend your case. You deserve a Seattle DUI lawyer who has an intimate understanding of Washington DUI laws and the legal issues that could win your case. You deserve a Seattle DUI defense attorney who is not afraid to stand up against the prosecution and aggressively fight for your rights and interests. SQ Attorneys is the right Western Washington DUI law firm for the job. Call for a free initial consultation – (206) 441.0900 (Seattle); (425) 998-8384 (Eastside) – it will be the best decision you make all day.