0.03 DUI driver involved in serious crash in Montlake

I recently wrote about a defendant in a Remond DUI case getting convicted with a blood alcohol level significantly lower than the legal limit.  No sooner did I write that blog I saw a segment on Kiro news about a driver with a breath test at 0.03 crash into a house in the Montlake neighborhood.  Yes you read that correctly.  Her breath test results were 0.03.  Now I’m willing to bet any amount of money this individual will be charged with a DUI, and probably either reckless or negligent driving, and a possible third charge of reckless endangerment.

So why am I posting about this.  Although this individual had an extremely low breath test this just shows that impairment can come at different levels for different individuals.  Many anti-DUI organizations as well as law enforcement and Prosecutors will point to this accident as proof the legal limit needs to be lowered.  Remember the National Traffic Safety Board recently recommended lowering the blood alcohol level to 0.05.

There is a common misconception out there that you will only get arrested for DUI if you are above the legal limit.  Well as I posted last week.  Now as this example shows you not only can you get arrested for DUI if you have a blood alcohol level below the legal limit, but the case out in Redmond also shows you can get convicted of DUI with a blood alcohol level significantly lower than the legal limit.  So my advice to anyone who follows this blog.  Don’t drink a drop of alcohol and drive.  If a police officer smells even a drop of alcohol on your breath you will get arrested.  Regardless of what they say, trust me when I say you will get arrested.

If you have been arrested then do yourself a favor and protect your constitutional rights immediately and speak with an experienced DUI Attorney.

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About the author: Matthew Leyba is a DUI Lawyer in Seattle.  He is rated a 10 out of 10 Superb DUI Attorney by Avvo, and named a Rising Star in the field of DUI Defense by Seattle Met Magazine.  An honor less than 2.5% of all Attorneys receive.

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