MIP/MIC Non-Traffic Charge

i got pulled over while being "drunk". Cop made me do test and I passed all of them except breathalyzer I blew .56. He wrote me at mip non traffic. I wondering will it affect my car insurance? I did the deferred program but I still have a year to wait till charges are dropped. Happened in Washington state 19 at the time

Wow, you were extremely lucky. .56 you should be DEAD or at least facing a severe DUI charge. Anyhow, you'll have to ask your insurer. They're free to raise your rates (and since there's a license suspension involved, they'll know).

Quote:

---

Quoting Vwraci

---

i got pulled over while being "drunk". Cop made me do test and I passed all of them except breathalyzer I blew .56. He wrote me at mip non traffic. I wondering will it affect my car insurance? I did the deferred program but I still have a year to wait till charges are dropped. Happened in Washington state 19 at the time

---

I can pretty much guarantee it was not .56 BAC for the breath test. A BAC of .08 is presumed intoxicated under the law of pretty much every state, including Washington. If your BAC was truly .56 then you had 7 times that amount. That amount would kill most people. If you happened to survive being that intoxicated, it would pretty much be a guaranteed DUI arrest. I think instead you probably blew .056, which is below the .08 presumed intoxication level. Without some other evidence of impairment, at that low level of alcohol a DUI prosecution would fail, which is why the cop didn’t pursue it. But the test results showed you had ingested some amount of alcohol and that’s likely good enough to get you convicted on a minor in possession charge. Because it is not a traffic offense, it probably won’t affect your insurance rates, but only your insurer could tell you that for sure.

The per se intoxication BAC is only .02%BAC in Washington state. He was not 21.

Here is one attorney's explanation of underage DUI and the possible penalties, including a link to relevant RCWs:

http://www.duiwashington.com/minor-d...tate-minor-dui

This is a misdemeanor criminal offense, and any BAC at .02 or greater constitutes a violation. As you were likely at a .056 you were in violation.

Doesn't .02 seem a little bit of overkill? Things like medicines and even soft drinks could get someone to .02. There are trace amounts of alcohol in almost all name brand soft drinks.

Quote:

---

Quoting llworking

---

Doesn't .02 seem a little bit of overkill? Things like medicines and even soft drinks could get someone to .02. There are trace amounts of alcohol in almost all name brand soft drinks.

---

Not a drop. .02 is about where natural fermentation in the body sits in some people. Even if the softdrink had the maximum allowable amount of alcohol by law, you'd have to drink over 12 cans all at once to get to .02. However, do not confuse the maximum allowed (primarily it by things like NA beer) with the typical (most soda products) which is darned near ZERO.

Quote:

---

Quoting llworking

---

Doesn't .02 seem a little bit of overkill? Things like medicines and even soft drinks could get someone to .02. There are trace amounts of alcohol in almost all name brand soft drinks.

---

Most states have underage zero tolerance violations at .01. Having it at .02 when it is unlawful to possess or purchase alcohol at all seems quite generous - overly so.

And "trace" amounts simply are not going to get you to even .01 ... at least not that will remain and be detected by the time one gets a BAC test. Plus, you'd probably heave before you consumed enough of it so fast that you might get even a .01. And considering I have never even heard the soft drink theory raised by the defense bar, I suspect that it's so remote and unrealistic as to be an argument that would be DOA at court.

Quote:

---

Quoting flyingron

---

Not a drop. .02 is about where natural fermentation in the body sits in some people. Even if the softdrink had the maximum allowable amount of alcohol by law, you'd have to drink over 12 cans all at once to get to .02. However, do not confuse the maximum allowed (primarily it by things like NA beer) with the typical (most soda products) which is darned near ZERO.

---

It still seems like overkill to me...that is only 1/4 of the legal limit in my state. I cannot imagine how anyone could even drink a small glass of wine with dinner and not reach .02.

Quote:

---

Quoting llworking

---

It still seems like overkill to me...that is only 1/4 of the legal limit in my state. I cannot imagine how anyone could even drink a small glass of wine with dinner and not reach .02.

---

I think you misunderstood ... 08 is still the per se standard for adults. A BAC of .02 is an unlawful level for drivers under 21 in some states ,and a BAC of .01 is the level in man/most others.

Personally, I'd like to see it at .05 for adults, but, I doubt that will come to pass. In the meantime, people still die.