Can an officer arrest me because he smelled alcohol on my breath?
No, odor alone is not sufficient basis for arrest. However, odor combined with other observations such as weaving, slurred speech, and bloodshot eyes may be enough to give an officer probable cause to arrest you for DUI.
Can I be convicted if I refused to take the breath test or the result was below .08?
Yes, in Washington the prosecutor can prove DUI one of two ways: 1. Blood or breath test result above .08, OR 2. Proof the person was under the influence of or affected by liquor or drugs.Additionally, if a person refused to take a test, that fact may be introduced as evidence at trial.
How can I be arrested if I wasn’t driving my car?
A person who is in physical control of a vehicle and appears to be under the influence of drugs or alcohol may be arrested and charged under RCW 46.61.504.
What can I do now that I have been charged?
Contact an attorney to find out what options are available to you.