Washington Breathalyzer Test Defense Attorney
Breath Tests
Breath tests are the most common and often, the most convincing form of evidence in Seattle driving under the influence (DUI) cases. Breathalyzers and other breath testing machines are becoming increasingly common. In almost every state in the United States, including Washington, it is a crime to drive a motor vehicle with blood alcohol content (BAC) of 0.08 or more.
A breath alcohol test is an estimate of your blood alcohol concentration. The breath test measures the amount of alcohol in the air that you breathe out. In Washington, a breath test can be used as presumptive evidence in your trial for driving under the influence of alcohol (DUI). What is presumptive evidence? It means that the burden of proof is not on the state. It becomes your responsibility to prove that they were not intoxicated or impaired while driving. In DUI cases, a breath test showing a BAC of 0.08 or more is presumptive evidence of a DUI.
DUI DEFENSE
But the good news is that more and more defendants are able to challenge BAC results from breath tests. This is because with increasing use of instruments such as Breathalyzers and Intoxilyzers, it is becoming more and more evident that these are neither effective nor an accurate measure of someone's blood alcohol concentration. There are many ways by which a DUI defendant may dispute these tests, including the standard formulas used for conversion from blood alcohol concentration to content. A defendant could also try to show that his or her breath sample was not handled correctly or argue that the machine was not calibrated properly or functioning correctly.
SHOULD I TAKE A BREATH TEST?
One of the most common questions asked is: Should I submit to a breath test? What happens if I don't agree to take a breath test? You may decline to take a breath test, but refusing a breath or blood test will most likely result in your driver's license being suspended or revoked, regardless of whether or not you are ever found guilty of DUI. That's because when you sign your driver's license, you give your consent to submit to the breath or blood test to determine breath or blood alcohol concentration. Washington state law states that if you refuse an officer's request to take a breath test, then the fact that refused can be used against you in a criminal trial. A prosecutor may argue at your Washington DUI trial that you declined to take a breath test because you knew you were drunk.
Your best course of action in defending your DUI case is to retain the services of an experienced and knowledgeable Tacoma DUI defense attorney. If you or someone you know has been accused of driving under the influence of alcohol and/drugs, call an expert DUI defense attorney at McNeese & Trotsky PLLC. to discuss your case and build a winning defense.
Free consultations ● Our office is located in the heart of downtown Seattle, just a few blocks from the King County courthouse