DUI Charges with 0.00 BAC in Washington State 2026: Your Legal Rights
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Understanding DUI Charges When Your Breathalyzer Shows 0.00
If you've been cited for violating RCW 46.61.502 in Washington state despite blowing a 0.00 on a breathalyzer test, you're not alone. This situation happens more often than many people realize, and it reveals an important truth about DUI law: a zero BAC doesn't automatically mean you're innocent.
Washington's DUI statute is broader than many drivers understand. Officers can cite you for being under the influence of intoxicating liquor and/or drugs even when your blood alcohol content registers at zero. This creates a complex legal situation where physical symptoms and behavioral observations matter just as much as chemical test results.
What Happened in This Olympia, WA Case
The situation started innocuously enough. An officer pulled over a driver for a broken headlight near Olympia. However, what began as a simple equipment violation quickly escalated into a DUI investigation. The officer noted several observations: red and puffy eyes, nervousness, stuttering, and an apparent emotional state.
The driver explained these symptoms transparently, mentioning recent crying related to upcoming divorce proceedings and a lifelong speech impediment that worsens under stress. Additionally, the driver disclosed being in recovery and living in an Oxford House (a structured recovery residence). Despite the 0.00 breathalyzer result, the officer pursued DUI charges anyway.
This case highlights a critical vulnerability in DUI investigations: officers can misinterpret innocent explanations for impairment symptoms. Emotional distress, speech impediments, and recovery status shouldn't serve as evidence of current impairment.
The RCW 46.61.502 Violation Explained
RCW 46.61.502 in Washington state makes it illegal to drive or be in actual physical control of a motor vehicle while under the influence of intoxicating liquor and/or drugs. The statute doesn't require a specific BAC level. Instead, it focuses on whether the substance impaired the driver's ability to drive safely.
This means prosecutors can pursue DUI charges based on:
- Officer observations of impairment indicators
- Field sobriety test results
- Witness statements
- Blood or urine test results (if taken)
- The driver's statements and behavior
A zero breathalyzer reading creates reasonable doubt but doesn't guarantee dismissal.
Red Flags in This DUI Investigation
Several aspects of this traffic stop raise serious legal concerns:
Assumptions Based on Recovery Status
Mentioning Oxford House residency was unfortunate, but it shouldn't lead to automatic DUI suspicion. Living in recovery housing means someone is actively working toward sobriety, not that they're currently impaired. An officer using recovery status as evidence of drug use is making prejudicial assumptions.
Confusing Emotional Distress with Impairment
Red, puffy eyes from crying aren't impairment indicators. Nervousness during a traffic stop is normal. These emotional responses have nothing to do with substance use. Officers sometimes conflate emotional states with intoxication, which is legally problematic.
Misinterpreting Speech Patterns
A lifelong speech impediment that worsens during stress is not an impairment symptom caused by drugs or alcohol. This is a documented neurological condition. Using it as evidence of impairment amounts to discrimination against people with disabilities.
The Zero Breathalyzer Result
The 0.00 breathalyzer is huge. This objective measurement contradicts the officer's subjective observations. While it's not a complete defense, it creates substantial reasonable doubt about alcohol impairment.
Building Your Defense Against a 0.00 BAC DUI Charge
If you're facing similar charges in Washington, several defense strategies apply:
Challenge the Officer's Observations
Your attorney can argue that the officer misidentified impairment symptoms. Medical conditions, emotional states, and disabilities can produce the same observations officers attribute to impairment. Expert testimony may establish that your symptoms had legitimate explanations unrelated to drug or alcohol use.
Introduce Medical Evidence
Documentation of your speech impediment, depression, or anxiety disorder strengthens your defense. Medical records showing your diagnosed conditions help explain the officer's observations without invoking substance use.
Emphasize the Objective Test Results
A 0.00 breathalyzer is objective evidence. Blood and urine tests, if administered, should also be scrutinized. If these chemical tests don't support impairment, that's powerful evidence for dismissal.
Question the Traffic Stop's Legality
A broken headlight justified the initial stop, but the DUI investigation that followed must still comply with legal standards. If the officer lacked reasonable suspicion to extend the stop, evidence collected afterward could be suppressed.
Examine Field Sobriety Test Administration
If you performed field sobriety tests, an attorney can analyze whether the officer administered them correctly. These tests are surprisingly subjective, and improper administration is common grounds for suppression.
Comparison: DUI Defenses and Their Strength
| Defense Strategy | Strength | Best Used When |
|---|---|---|
| Zero BAC Result | Very Strong | Officer claims alcohol impairment |
| Medical Condition Documentation | Strong | Symptoms match documented condition |
| Illegal Traffic Stop | Potentially Case-Ending | Stop lacked probable cause or reasonable suspicion |
| Improper Field Sobriety Tests | Moderate to Strong | Tests were misadministered |
| Discriminatory Policing | Moderate | Recovery status unfairly prejudiced the investigation |
Key Takeaways
- Washington's DUI law (RCW 46.61.502) doesn't require a specific BAC level for prosecution
- A 0.00 breathalyzer result creates powerful evidence against impairment claims but isn't automatically exonerating
- Officers sometimes misinterpret innocent symptoms—emotional distress, speech impediments, and medical conditions—as impairment indicators
- Recovery status shouldn't be used as evidence of current impairment in DUI investigations
- Multiple defense strategies exist, including challenging observations, introducing medical evidence, and questioning the stop's legality
- Consulting with a Washington DUI attorney is essential for developing your specific defense
FAQs
Can I be convicted of DUI in Washington with a 0.00 breathalyzer?
Yes, technically. Washington's statute focuses on impairment rather than a specific BAC threshold. However, a 0.00 result creates substantial reasonable doubt. Prosecutors must prove impairment through other evidence like field sobriety tests, drug recognition evaluations, or blood/urine tests. A skilled attorney can use the zero result to argue reasonable doubt and push for dismissal or reduced charges.
Should I have mentioned being in recovery during the traffic stop?
This is a difficult question because transparency is generally wise, but recovery status can unfortunately be misused by officers. In hindsight, mentioning recovery might have triggered bias. However, you can't change what's already happened. Now, focus on working with your attorney to neutralize this disclosure by emphasizing that recovery means sobriety, not impairment.
What should I do if charged with DUI despite a 0.00 BAC?
First, don't discuss the case with anyone except your attorney. Second, gather all medical documentation of relevant conditions—speech impediments, anxiety, depression, or other issues that explain the officer's observations. Third, contact a Washington DUI defense attorney immediately. They can review the dashcam and body camera footage, field sobriety test administration, and the legality of the initial stop. Many DUI cases with zero BAC results are dismissed or reduced when properly challenged.