Washington criminal defendants have numerous rights under the law, that aim to prevent unjust convictions. For example, the State must prove each element of a crime beyond a reasonable doubt, and if a defendant is convicted despite insufficient evidence to support a finding of guilt, his or her conviction may be reversed. A Washington court recently discussed what constitutes sufficient evidence in a case in which the defendant appealed his DUI conviction. If you live in Washington and are faced with DUI charges it is imperative to retain a trusted Washington DUI defense attorney to help you protect your rights.
Facts Regarding the Defendant’s Arrest
Reportedly, the defendant was stopped by a police officer after he crossed the center line on a road. The officer observed that the defendant had bloodshot eyes and an odor of alcohol. The defendant admitted to consuming two drinks, after which the officer asked to the defendant to exit the vehicle and undergo field sobriety tests. The defendant agreed and underwent field sobriety tests that he performed poorly. He was subsequently arrested and transported to the sheriff’s office. When he arrived at the sheriff’s office, he refused to submit to a breath test. The officer then obtained a warrant for a blood test.
Allegedly, the defendant was transported to a nearby hospital where his blood was drawn, approximately three hours after his initial stop. The test revealed the defendant’s BAC to be .23. he was charged with felony DUI. A toxicologist testified at trial that typically a person’s BAC would begin to decrease an hour after his or her last drink. The jury found the defendant guilty of DUI and specifically found that he had a BAC of .15 or higher within two hours of driving. The defendant appealed, arguing in part that the State failed to prove his guilt beyond a reasonable doubt.