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Driving Under Influence

RCW 46.61.502: Driving under the influence. About Us | Contact Us | E-mail Notifications | Search | Help Legislature Home | Senate | House of Representatives Print Version | No disponible en español Inside the Legislature Find Your Legislator Visiting the Legislature Agendas, Schedules and Calendars Bill Information Laws and Agency Rules Legislative Committees Legislative Agencies E-mail Notifications Students' Page Outside the Legislature Washington State History and Culture Congress - the Other Washington TV Washington Washington Courts Transportation Performance Audit Board OFM Fiscal Note Website RCWs Title 46 Chapter 46.61 Section 46.61.502 46.61.500 << 46.61.502 >> 46.61.503 RCW 46.61.502 Driving under the influence. (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:      (a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506 ; or      (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or      (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.      (2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.      (3) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.      (4) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.      (5) A violation of this section is a gross misdemeanor. [1998 c 213 § 3; 1994 c 275 § 2; 1993 c 328 § 1; 1987 c 373 § 2; 1986 c 153 § 2; 1979 ex.s. c 176 § 1.] Notes: Rules of court:   Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.       Effective date -- 1998 c 213: See note following RCW 46.20.308 .       Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015 .       Legislative finding, purpose -- 1987 c 373: "The legislature finds the existing statutes that establish the criteria for determining when a person is guilty of driving a motor vehicle under the influence of intoxicating liquor or drugs are constitutional and do not require any additional criteria to ensure their legality. The purpose of this act is to provide an additional method of defining the crime of driving while intoxicated. This act is not an acknowledgement that the existing breath alcohol standard is legally improper or invalid." [1987 c 373 § 1.]       Severability -- 1987 c 373: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 373 § 8.]       Severability -- 1979 ex.s. c 176: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 176 § 8.] Business operation of vessel or vehicle while intoxicated: RCW 9.91.020 . Criminal history and driving record: RCW 46.61.513 . Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68.220 . Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040 . Comments about this site | Privacy Notice | Accessibility Information | Disclaimer

Joe VanDervoort, Attorney at Law DRUNK DRIVING D.M.V. HEARINGS Over 30 Years Experience Office Procedure Information Sheet Information Regarding Arraignments Information Regarding Pre-Trial Conferences Information Regarding Motions Juvenile Court Hearings Information Regarding DMV Hearings DMV Hearing Information RE: Appellate Rights, etc. Restricted License Information Sheet Minors with DUI or .08 and/or .01 zero tolerance, or Minors in Possession of Alcohol (MIP) DUI schools licensed in Butte County Alternatives to Serving Jail Time - Butte County Butte County Jail Reporting Instructions Directions from Chico to Butte County Jail (Oroville) DUI Schools Licensed in Butte County PREVENTION EDUCATION PROGRAM (PEP) (530) 891-6148 1420 Mangrove Avenue Chico, CA (Offers classes in Oroville, Chico, Paradise, Orland, & Gridley) SOLUTIONS (530) 898-8333 2059 Forest Avenue, Ste. 2 Chico, CA Or (530) 532-6969 1365 Feather River Blvd. Oroville, CA (Offers classes in Oroville, Chico, Paradise, Orland & Willows) YOU ARE NOT REQUIRED TO ATTEND DUI SCHOOL IN BUTTE COUNTY. YOU MAY ATTEND ANY DUI SCHOOL LICENSED BY THE STATE OF CALIFORNIA. You may call either of the 2 DUI schools in Butte County to get a referral to the DUI school nearest to you. Next Page >> Y OU HAVE ONLY 10 CALENDAR DAYS FROM YOUR ARREST TO CONTACT DMV IN SACRAMENTO, AND NOT LOCALLY , OR YOU WILL IMMEDIATELY LOSE YOUR LICENSE FOR FOUR MONTHS TO SEVERAL YEARS DEPENDING ON YOUR CHARGES AND DRIVING RECORD. You Need "The DUI King" To Represent YOU! 330 Wall Street Chico, CA 95928 Telephone (530) 342-2858 Fax (530) 343-4817 Email: duiking@duiking.com Home | Questions | DUI Information | Court Information Links | Disclaimer | Contact DMV

Intoxicated Driving

DWI Texas Lawyer Houston Texas DWI TEXAS LAWYER DWI TEXAS LAWYER DWI Texas Lawyer Home About John W. Armstrong Common DWI Questions The Texas Court Process Texas Courthouse Locations Attorney Office Location Attorney Fees/Payments DWI Texas Legal Links Find a DWI Attorney by State Contact DWI Texas Lawyer Welcome to DWITexasLawyer.com If you have been arrested for Drunk Driving, Driving While Intoxicated, Driving Under the Influence, DWI or DUI, you need the legal advice and assistance of an experienced Texas DWI Lawyer or DWI Attorney. Call John W. Armstrong III, Attorney at Law, from the Conroe - Houston - Woodlands area to begin protecting your rights TODAY. John Armstrong can help you. John defends DWI cases in the above cities and their surrounding counties, including: Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller Counties. The laws in Texas regarding Driving While Intoxicated (DWI-DUI) or Drunk Driving have changed dramatically and are very strict. You are facing potential jail time and driver's license suspension. You need the advice of an experienced and aggressive Texas DWI Lawyer immediately to begin protecting your rights and save your driver's license privileges. While you are here, you need to . . . Get the facts and know the law from a Texas Attorney for dwi defense in Houston . Driving While Intoxicated (DWI) in Texas Just the Facts Ma'am... DWI FACT: Approximately 1.4 million drivers were arrested in the United States, in 2001, for [Driving While Intoxicated (DWI)] or Driving Under the Influence of alcohol or narcotics. This is an arrest rate of 1 for every 137 licensed drivers in the United States. 1 DWI FACT: Over 11,000 people per year are arrested for Driving While Intoxicated in Harris, Montgomery and their surrounding Counties. 2 DWI FACT: You have the right to remain silent and not answer any questions. You should never answer the officer’s questions regarding your impairment or the amount you had to drink. DWI FACT: You have fifteen (15) days after a police officer, in Texas, arrests you for Driving While Intoxicated in which to request an Administrative License Revocation Hearing (ALR) from the Texas Department of Public Safety in order to try to save your driving privileges. If you do not request a hearing within the fifteen (15) day time period your driver’s license will be suspended on the fortieth (40th) day following your arrest. DWI FACT: In Texas, field sobriety testing is voluntary. You do not have to take any field sobriety tests whether roadside or at the police station. DWI FACT: The Intoxilyzer machine is a large machine and is housed at the police station. If the officer pulls out a handheld device, commonly referred to as a “Portable Breath Test” device or “PBT”, you are not required to blow in the device nor will your driver’s license be suspended for refusing to blow into the device. In fact, in Texas, the actual results of this test are not admissible in Court at your trial. DWI FACT: In Texas the sampling of blood, breath and urine are the three ways law enforcement officers measure the alcohol content in an individual’s body. In most situations you do not have to submit to any of these tests, unless you are under a direct court order. DWI FACT: If you are interviewing an attorney about your DWI case and the attorney does not mention or discuss representing you at the Administrative License Revocation (ALR) Hearing as part of his or her representation of you in the DWI case then you are not talking with an experienced DWI lawyer. DWI FACT: If you plead guilty you will be giving up many important rights. Do not do it unless directly advised to do so by a lawyer representing you and your best interests. Driving While Intoxicated or “DWI” is a very serious offense in Texas. The individual arrested today in Texas for Driving While Intoxicated, commonly referred to as DWI, faces bewildering procedures and potentially devastating punishments, i.e., suspension of driving privileges, fines, and/or jail, or prison if there are injuries, particularly if this is not that person’s first time being charged with Driving While Intoxicated. Sometimes the punishments can be more severe than some felony offenses not to mention employment opportunities destroyed as well as automobile insurance costs soaring through the roof. You should remember, DWI is the only criminal offense that uses subjective evidence for convictions — i.e., the evidence against an individual is based on the personal belief of the arresting police officer for the few minutes they are around each other. If you or someone you know is charged with Driving While Intoxicated, the case should be discussed with an attorney who handles DWIs as opposed to someone who has handled a few or whose work is mainly some other area of the law. An attorney can discuss the specific facts of the arrest, and review the evidence that the prosecutors will rely upon at trial. In many cases, there are valid legal defenses available to these charges, and an attorney experienced in handling DWI cases is best prepared to present these defenses to the court. Contrary to popular belief, some experts as well as this author believe that both the breath machines (Intoxilyzer 5000) as well as the field sobriety tests administered by police in Driving While Intoxicated (DWI-DUI) cases are inaccurate and unreliable. This website is designed to give you information and an overview of Driving While Intoxicated (DWI) law in Texas. Do not rely on it for legal advice, as it is not intended to help you represent yourself in your own DWI case. Neither will this website tell you how to “get off” of a DWI in the future. Please remember, every case is different depending on the facts. Be sure to consult a lawyer for your specific case. This page is 1. http://www.madd.org/stats/0,1056,1784,00.html (NHTSA) National Highway Traffic Safety Administration, National Center for Statistics & Analysis, Research & Development; Traffic Safety Facts 2002, Overview DOT HS 809 606 2. http://www.tcada.state.tx.us/research/statistics/index.shtml . Texas Commission on Alcohol and Drug Abuse- Mean of statistics from 1998-2001. (Harris, Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, and Chambers counties). Licensed by the Supreme Court of Texas Admitted to practice in all Federal Courts in Texas Not Certified By the Texas Board of Legal Specialization Before you contact anyone else, call me for a free consultation, and let me protect your rights and your future! © dwitexaslawyer.com 2004 All Rights Reserved. DISCLAIMER SITE DESIGN Before you contact anyone else, call me for a free consultation, and let me protect your rights and your future! © dwitexaslawyer.com 2004 All Rights Reserved. DISCLAIMER SITE DESIGN The Woodlands (281) 362-8880 Houston (281) 486-6776 Toll Free (877) SAY-NADA Or:(877) 729-6232 Facsimile (281) 362-8891 Mailing Address Suite 120 25325 Borough Park Drive The Woodlands, TX 77380 Appointments Only 712 Westcott Street Houston, TX 77007 Get answers to your DWI questions now. Dwitexaslawyer.com is a reliable source of information for Driving While Intoxicated (DWI / DUI) in Texas, thanks to your DWI Texas Lawyer, John W. Armstrong III. TOLL FREE: (877) SAY - NADA Anytime - Day or Night

DUI DWI Defense Don't

Massachusetts Drunk Driving Lawyer - MA DUI OUI DWI Defense Attorney - law Massachusetts Drunk Driving Lawyer Russell Matson's Massachusetts OUI law DUI DWI Defense Don't let your Massachusetts DUI Ruin Your Life Yes, there is a Massachusetts drunk driving attorney you can talk to, who understands what you want, who is interested in you and your business, who promptly returns your phone calls and emails, and who knows how to get results. You have found that attorney. Call my cell phone 24 hours (781) 964-4898. Click above to hear an audio message from Mass DUI Attorney Russ Matson. Search this Site NEWS: Sat, 12/31/05 : My Op/Ed piece should be in today's Quincy Patriot Ledger. Look for it! 12/27/05 : I was quoted in an article in the East Bay Newspapers/ Swansea News . 10/28/05 : Melanie's Law is signed, increasing a number of Massachusetts OUI penalties and creating some brand new OUI laws . Call me to figure out how this may affect your case Additional comments on Melanie's Bill /Law - specifically on the issue of proving multiple OUI offenses. 9/25/05 : I comment on Melanie's Law - proposed changes to Massachusetts Drunk Driving Laws. 7/28/05 : I am quoted in today's Boston Herald article on drunk driving defense lawyers. I am certified as a trainer on how to perform the same field sobriety tests the police use everyday. I will use this knowledge to defend your legal rights. If you've been stopped for an OUI, I've got inside information you need. Call me for a free consultation. There's no obligation. "Now that you've come into contact with the law, you've found out the dirty little secret. Anyone drinking and driving is subject to arrest, whether or not it was affecting their driving ability. But being arrested does not mean you will be convicted." Do Not Plead Guilty to Anything Before Reading This SURVIVAL INFORMATION Do not answer any questions other than name and address. Do not agree to perform roadside tests. Do not agree to blow into a handheld breath tester. Do not agree to any breath or blood test. BE POLITE. PRODUCE REQUESTED DOCUMENTS. Attorney Russell Matson is a recognized authority in the areas of Massachusetts Drunk Driving / DUI law, criminal law, motor vehicle law, registry and driver's license issues. Arrested for a DUI in MA? READ THIS PAGE FIRST : When you've been arrested for a Massachusetts OUI and you don't think it's fair, you need a lawyer who can protect your rights... [more] Ten Mistakes How to avoid the 10 biggest mistakes most people make after being arrested for DUI. Lawyer Mistakes The Top 9 Mistakes Lawyers Make in Drunk Driving Cases. . . And How To Avoid Them Massachusetts Drunk Driving Laws Mass put new OUI laws in effect on 10/28/05 (Melanie's Law). Make sure you and your lawyer understand the current MA DUI laws. Case Tips 50 Things YOU Need to Know about Your DUI Case that NO ONE is Telling You Attorney Fees . What you will be charged and methods of payment. Massachusetts OUI - Drugs - Operating Under the Influence of Drugs Charge Massachusetts OUI Courts. Information about the Courts that handle Massachusetts OUI cases in MA and Greater Boston MA OUI Court Pages . New ! Listen to Attorney Matson's DUI Podcast . Call anytime for a free consultation about any drunk driving / OUI legal issue. (781)964-4898. Massachusetts DUI laws FAQ Frequently Asked Questions about Massachusetts DUI laws 13 Reasons to Fight your DUI! Don't plead guilty before reading this. DUI Legal Challenges Here is how knowing Massachusetts DUI laws and investigating cases has helped previous clients in these sample cases. Police Mistakes Mistakes the police make . . . and how they can help you. What Can I Do to Save My License? Fight to save your license! Never risk driving with a suspended license. I will guarantee first offenders that I can help you get a limited hardship license . Click for details. What Happens After a Massachusetts DWI Arrest? There are usually both Motor Vehicle and Court Proceedings to which you must attend. Do not let your rights expire by inaction. Massachusetts Alcohol Education Classes MA DUI 1st & 2nd Offender Programs, BSAS Approved Providers Attorney Information My specific DUI expertise and contact info. Find a DWI DUI Drunk Driving Lawyer in your state. Resource Directory - Law Links DUI in the News Press contact info & press releases. Attorney Matson is available for his opinion on Massachusetts OUI laws. Other Criminal Defense needs Calculate Your BAC (Blood Alcohol Content) MA DUI Training Research - FST Manual & Resources Mass Traffic Ticket ? Help with MA traffic violations, criminal and civil. Contact Us - Submit your case information. Email Attorney Russ Matson at This site is a service of the law offices of Russell J. Matson. Massachusetts Criminal Defense Lawyer | Massachusetts Auto Accident Lawyer New Jersey Criminal Lawyer | Pennsylvania Criminal Lawyer 2001 BLS Drunk Driving websites-site design jim f esq . Maintenance & additional content 2005 RJM & Massachusetts Lawyer Marketing firm HSS . old External Links

D.W.I.

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