Washington State Breath Test
In Washington State, you may be arrested for driving under the influence if your blood alcohol content is .08 percent or higher. Blood alcohol content, or BAC, is determined by the use of breath, blood, or urine tests.
If you are pulled over for drunk driving, you may be asked to take a “roadside breath test”, or a preliminary alcohol screening test. This test shows the presence and concentration of alcohol in the blood based on a breath sample.
To administer this test, the officer will ask the driver to blow into a breath meter. The reason for giving this preliminary alcohol screening test is to determine whether or not there is reasonable cause to arrest the driver for drinking and driving. This test is generally not admissible in court.
A legal breath test is typically administered at the police station, though there may be roving mobile units that contain breath testing equipment. Before giving the driver the test, the law enforcement agent must check the driver’s mouth for any foreign substances. After this, the officer will watch the driver for 15 minutes to ensure that the driver does not vomit, or put anything in his or her mouth. If the officer does not follow these guidelines, the test is not valid and may be suppressed in court.
Did you know that even if you do not take a breath test, you may still be arrested? If there is other evidence that you are impaired (i.e., blood shot eyes, slurred speech, poor driving), the officer has probable cause to arrest you. Your license may also be suspended by the Department of Motor Vehicles for refusing to take a breath test.
Even if you do take a breath test, and fail, there is a chance that you can win your DUI case. An experienced attorney will be sure to check the calibration and maintenance of the breath-testing machine. If the machine is not maintained properly, the results may be inadmissible.
If you have recently been subjected to a breath test in Washington State, you need to discuss your rights with an attorney who practices DUI defense law. Submit your case online today and someone will contact you to discuss your options.
