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DUI Defense in Washington

An acceptable defense to drunk driving is that between driving the vehicle, and the time of the test, the defendant consumed enough alcohol or another substance to raise their blood alcohol to the illegal level of .08%. RCW 46.61.502(3). Since in the time between the incident and the test the person’s alcohol consumption could increase, it invalidates the ability for the breathalyzer or blood test to show that the person was driving under the influence, as opposed to the drug taking effect after the person had been driving but before the person had been tested.

This is a defense in the state of Washington. However, the defense must notify the prosecutor prior to any pretrial hearing that the defendant intends to assert this defense. Because the defense can only be used in very limited circumstances, when the defendant was able to drink or take medication between the time of driving and the blood or breathalyzer test, it is limited to a very specific set of facts regarding the arrest and testing of the defendant.


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