What Does "Under the Influence" Mean in a Seattle DUI Case?

It dawned on me that this question might be interesting for the readers of the DUI Attorney Seattle Blog, particularly if you ever find yourself in the following situation: you are pulled over by the police, the Seattle police, for example; they investigate you for DUI in Seattle; you decline to take field sobriety tests like you should; you decline to tell the officer how much you've had to drink like you should; and you decline to take a portable breath test, like you should. At the end of all that, for whatever reason, they still decide to arrest you for DUI and take you to the station.

The funny thing is, you don't feel drunk. You did have a couple of beers while out mowing the lawn, but nothing that would bring you to the level of being drunk. And you were driving perfectly fine. The officer said he pulled you over for having a broken tail light. So you are not surprised when you get down to the station and take the breathalyzer and blow a .05, well under the legal limit of .08. They officer lets you go, but mentions that charges might still be filed.

A couple of months go by and you have forgotten all about the incident. Until the mail arrives. That is when you see it - the citation and notice of summons for arraignment for a DUI. You can't believe you were charged with DUI because you blew under the .08. But the citation says you are charged with operating a vehicle while under the influence or affected by drugs or alcohol. What the heck does that mean?

You may not have known this, but DUI in Washington state, including Seattle, can be charged in one of three ways: (1) having a breathalyzer test of over .08; driving while under the influence or affected by alcohol or drugs; and (3) driving while under the influence or affected by alcohol and drugs. So what does that mean? Aren't you sober enough to drive if you blow under .08? Not if the prosecutor wants to be a hard ass about it.

Under the influence and affected by are synonymous with each other. For purposes of DUI law, they mean the same thing. The definition of these terms is any influence that lessons, to an appreciable degree the ability of the accused to handle a vehicle. The state doesn't necessarily have to show that you were driving recklessly or erratically, but they have to have some evidence that shows you were too impaired to drive a vehicle.

Lesson for today - just because you blow under .08 doesn't mean you are out of woods for a DUI prosecution. All you need is a stingy prosecutor to make life difficult for you while you try to iron everything out. If you find yourself being investigated for DUI, don't wait, hire a Seattle DUI attorney today.

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