Breath Test Evidence

You have two opportunities to provide a breath sample: a preliminary breath test (PBT) at the scene, and a formal, "legal" test at the station.

The PBT is voluntary. Its purpose is to confirm the officer's suspicion and to establish probable cause for your arrest. The results are generally not admissible in court; most PBT devices are not sufficiently reliable under court standards.

If prior to taking the PBT you had recently consumed mints, gum, mouthwash, cough syrup, used an inhaler, or regurgitated alcohol, a false positive reading could have given the officer probable cause to arrest. The arrest can be challenged if the officer did not follow procedures for administering the test.

The formal breath test occurs at the station. In Washington, the implied consent law presumed your consent. If you refused the test, your license will be revoked for at least one year if you do not prevail at the licensing hearing and at least two years if you do not prevail in court.

If you took the test and blew .08 or more (differs for minors or commercial drivers), your license will be suspended for at least 90 days if you do not prevail at the licensing hearing and in court. Suspension lengths and occupational license eligibility are based on factors too numerous to discuss here. You have the right to request a hearing to contest the license suspension or revocation, but strict time limits apply.

If you refused, the prosecutor will emphasize your refusal as evidence of guilt at trial, and may be less inclined to negotiate a reduction. You need competent counsel to determine whether your refusal was actual, knowing and informed, and if not, to challenge the refusal evidence.

If you took the test, the prosecutor must show the officer followed proper procedures. These areas present opportunities to attack the admissibility of the result, and to negotiate a dismissal or reduction of the charge. A competent DUI attorney knows the equipment, and is current on developments in breath test procedures, laws and challenges. Other defenses not mentioned here may apply to your case.

Do not make the mistakes many others make after a DUI arrest. Call me for a free consultation. Do not delay. If you want to contest suspension of your license, there are strict time limits for requesting hearings.

Other matters successfully handled by our Washington DUI/DWI Defense Attorneys: Arson, Assault, Domestic Violence, Conspiracy, DOL Licensing Hearings, Drug Offenses (Possession, Distribution, Manufacturing), Fish and Game, Guns and Weapons, Hit and Run, Juvenile offenses, Kidnapping, Malicious Mischief, Probation Violations, Suspended License, Theft, Appeals.