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Impaired Driver Crashes Through Neighbor's House in Montlake with a breath test of .03

Posted by Aaron J. Wolff | Jun 14, 2013 | 0 Comments

Imagine waking up in the middle of the night thinking that something exploded inside your home.

That's what happened with one couple in the Montlake neighborhood of Seattle.

At around 1:00 a.m., an unidentified couple heard a loud crashing sound from the side of their home. They later discovered that their neighbor had just drove through the side of their home scattering furniture and other belongings in their living room, reports KIRO TV. The accident occurred right across the street from the Montlake branch of the Seattle Public Library.

When authorities arrived, they took the 53-year-old female driver into custody. She was arrested on charges of driving under the influence. While the woman allegedly only blew a 0.031 and 0.034 into a Breathalyzer test (well below the legal limit to drive in Washington of 0.08), police arrested the woman as they said she had an odor of alcohol, was swaying, and her eyes were red and glassy.

The woman reportedly admitted to police that she had been at a bar prior to the accident. However, it was offered that an animal in the road startled her causing her to lose control of the vehicle.

Charged With a DUI While Driving Below the Legal Limit

It's a common misconception that you can only be charged with a DUI if you have a blood alcohol content above 0.08. Instead, the law provides that someone may be charged with a DUI either with a blood alcohol level above 0.08 or if they are otherwise impaired.

For example, if you only had one drink, you may be charged with a DUI if your driving is impaired to any appreciable degree.  Over the years, I have represented dozens of Washington drivers whose alcohol concentrations were well below the legal limit.  One driver's breath alcohol level was a .02- 1/4 of Washington's per se limit.

Prosecutors can rely on other evidence besides blood alcohol content to support their DUI charge like the results of field sobriety tests, glassy eyes, or driving a car through a neighbor's wall.

Contact a Seattle DUI Attorney

DUI laws can be complicating and confusing and you will not want to fight your charges alone. If you have any questions about a DUI in the Seattle, Bellevue, Kirkland or King County areas, contact an experienced DUI defense attorney at Wolff Criminal Defense directly by calling 425-284-2000.

About the Author

Aaron J. Wolff

A former DUI prosecutor, Aaron Wolff has over 16 years of experience in representing people accused of DUI and is recognized as one of the leading defense lawyers in Washington State. His relentless and passionate advocacy has lead to superb ratings and outstanding reviews from former clients.

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