Graham, WA DUI Lawyer

Driving under the influence (DUI) of alcohol or controlled substances may lead to some serious charges, even if there is no accident and nobody is hurt. Drivers risk losing their license, paying hefty fines, or even going to jail in some cases. If you are charged with a DUI, contact our legal team for help now.

You may be charged with a DUI for driving with a blood alcohol concentration (BAC) over the legal limit of .08. You may also be charged if your BAC is under .08, but you are intoxicated enough that the police believe you cannot safely drive. Using controlled substances may also lead to DUI charges. We may fight your charges if chemical testing was not conducted correctly, you did not have actual physical control of the vehicle, or the prosecution cannot prove that you were intoxicated.

Receive a private legal evaluation by calling the Law Offices of Smith & White at (253) 203-1645 and talking to our DUI attorneys.

How Can Someone Be Charged with a DUI in Graham, WA?

How you are charged depends on your alleged degree of intoxication, your driving, whether there was an accident, and various other factors. Below are important factors to consider when assessing your charges.

Blood Alcohol Concentration

First, our DUI attorneys should consider your BAC. The legal limit in Washington State is .08. If you are pulled over and have a BAC of at least .08, you may be charged with a DUI regardless of how intoxicated you feel.

This is important to understand, as people with a higher tolerance for alcohol may feel they can safely drive after a few drinks. Even if that is true, they can still be arrested and charged.

You may also be charged if your BAC is less than .08 if the police believe that your intoxication prevents you from safely driving. This often applies to drivers with very low alcohol tolerance, as one or two beers might make them too drunk to drive even if their BAC does not hit the legal limit.

Actual Physical Control

A defendant must have “actual physical control” over a vehicle while intoxicated to be convicted of a DUI. What many are surprised to learn is that you do not have to be driving to have actual physical control.

Actual physical control may be based on multiple factors. For example, being in the driver’s seat of a car with the keys in your hand may be used to prove actual physical control. The car does not need to be moving.

If the police believe you are intoxicated, have actual physical control of the vehicle, and that you were driving within the past 2 hours, you could be arrested and charged.

Drugs and Controlled Substances

DUI charges apply to more than just alcohol. You may be charged if you are under the influence of controlled substances or a combination of drugs and alcohol.

Of course, DUI charges apply to drivers who are under the influence of illegal controlled substances. Charges can also apply to those using legal mediation, which happens to make them drowsy or dizzy. It may be possible to challenge the DUI if you were unaware that your medication came with side effects that make it unsafe to drive.

Defense Options for DUI Charges

You might be feeling overwhelmed by your DUI charges, but you have a right to defend yourself, and our legal team is here to help.

Chemical Testing Problems

Chemical testing after a DUI arrest is mandatory in Washington State. Under implied consent laws, all drivers have implicitly consented to post-arrest chemical testing by virtue of operating a vehicle on public roads and highways.

While you will not be forced to comply with testing requirements, you may face additional criminal charges for refusal.

We may challenge your charges if we have reason to believe that the chemical testing equipment was not working properly and your results are inaccurate. We can also challenge your BAC results if you tried to refuse testing but were physically forced to comply.

Disputing Actual Physical Control

We may also fight your DUI charges if the police cannot prove that you had actual physical control over the vehicle. This may be a viable defense if you were charged while your car was parked.

If you did not have the keys, were not in the front driver’s seat, or were not inside the car at all, it may be harder for the authorities to prove that you had the actual physical control necessary to warrant DUI charges.

Plea Bargains

Depending on your specific situation, the evidence available to prosecutors, and your driving history, the prosecutor may offer to reduce your charges in exchange for a guilty plea.

Many drivers can plead their charges down to something like negligent driving, reckless driving, or reckless endangerment, which are not necessarily alcohol-related offenses.

FAQs About DUI Charges in Graham, WA

Can You Go to Jail for a DUI in Graham, WA?

Possibly. Some may be charged as a gross misdemeanor punishable by up to 364 days in jail. Other drivers might face charges for a Class B felony if they have at least 3 prior DUI convictions from the last 10 years or were previously convicted of DUI-related offenses, like vehicular manslaughter or assault. Such a felony may be met with a prison term of up to 10 years.

Can You Be Charged with a DUI if Your Car is Parked?

Yes. A vehicle does not need to be in motion for someone to be charged with a DUI. You need “actual physical control” over the vehicle, which does not necessarily require that the vehicle be in motion. Actual physical control is often based on various factors, such as, but not limited to, where you are sitting in the car, the location of the keys, and whether you can start the engine.

Do You Have to Submit to Chemical Testing?

Legally speaking, all drivers are required to submit to mandatory chemical testing after being arrested for a DUI. However, the police are not permitted to force you to comply with testing. If you refuse testing, the police must inform you of the consequences, which include additional charges and penalties.

How Can You Dispute Your DUI Charges?

You may dispute your charges if your BAC was not as high as prosecutors claim, the authorities cannot prove you had actual physical control, or that certain legal protocols were not followed by law enforcement, among other things. Your attorney can help you determine the most effective defense for your case.

Are You Allowed to Sleep in Your Vehicle After Drinking?

Generally, yes. There is nothing inherently illegal about sleeping off a few too many drinks in your car. However, you must be careful. Depending on where you are sleeping in the car and where you keep the keys, the police might argue that you were intoxicated inside your vehicle with actual physical control.

Speak to Our DUI Attorneys in Graham, WA for Help

Receive a private legal evaluation by calling the Law Offices of Smith & White at (253) 203-1645 and talking to our DUI attorneys.