Seattle DUI Lawyer
Blood & Breath Tests in Seattle DUI Cases
In order to arrest a driver for DUI, the officer must have reasonable cause to believe he or she is driving under the influence. The best way for an officer to establish reasonable cause to conduct an arrest is to test the driver’s blood alcohol concentration (BAC). In the state of Washington, it is illegal for people to drive with a BAC of .08 or more. If the driver is under the age of 21, it is illegal to drive with a BAC of .02 or more. To determine a driver’s BAC level, an officer can elect to perform a breath test, blood test, or both.
Breath Tests
Breath testing is the most common way to measure a driver’s BAC level. There are two types of breath tests: the roadside test with a portable breath test device (PBT) and a test at the police station. If an officer asks you to take a breath test on the side of the road, you have the right to refuse and ask to take the test at the police station. PBTs are generally not admissible in court and are extremely sensitive to error. In fact, there are many things can lead to an inaccurate breath test reading, regardless of whether the test is taken roadside or at the police station, such as radio frequency interference, operator errors, technical malfunctions, and certain health conditions as bronchitis, asthma, emphysema, and diabetes.
It’s important to mention that although you can refuse a breath test on the side of the road in favor of taking the test at the police station, you cannot refuse the breath test altogether. Under Washington’s implied consent laws, all drivers must consent to a breath test at the request of an officer or risk losing their driver’s license for one year. Blood Tests
Although blood testing isn’t as popular as breath testing, an officer may ask a driver to submit to a blood test to determine his or her BAC level. It’s widely believed that blood testing is a more accurate modality for determining BAC levels than breath testing. That being said, even blood tests are subject to errors that can lead to inaccurate readings. Factors that may lead to inaccurate results in a blood test include defective medical equipment, contaminated medical equipment, technician error, or pre-existing medical conditions.
Contact a Seattle DUI Attorney at Garvey Law Offices
If you submitted to a breath or blood test during your DUI arrest, it’s imperative that you contact Seattle DUI defense lawyer Ryan Garvey right away. Mr. Garvey has seen many cases in which the results of a breath or blood test were wrong, and has been able to help to many clients avoid a DUI conviction due to inaccurate testing results. When you come to Garvey Law Offices, Mr. Garvey will review the police report, paying specific attention to the results of your breath or blood test. As a former prosecutor, Mr. Garvey knows how your test should have been administered, and how the state is going use the results of your test as evidence against you in court. Mr. Garvey will vigorously challenge both the accuracy and admissibility of your testing results, and will not stop fighting until your charges have been reduced or dropped completely.
To discuss the results of your breath or blood test with an experienced Seattle DUI attorney who is genuinely committed to protecting your rights and helping you overcome your charges, please contact a Seattle DUI Attorney today at (206) 387-4500. We offer free, no-hassle consultations to clients facing DUI charges throughout King County, Snohomish County, and Pierce County, Washington.