Washington State Breath Test

Two tests are typically utilized in a driving under the influence (DUI) arrest: a preliminary test and the evidentiary breath test. If you have been charged with drunk driving after failing a Washington Breath test, contact Attorney Linda M. Callahan today. With more than a decade of DUI defense experience, she will investigate your breath tests to ensure they were conducted properly.

The first test you may be asked to take is the preliminary or portable breath test. This test is used to establish probable cause for a DUI arrest and may be administered during the traffic stop. Unlike the evidentiary test, the preliminary test is voluntary, and you will not face penalties for refusing to take it.

The results from the preliminary test are generally inadmissible in court because they are not as accurate or reliable as those from the evidentiary test. Certain factors may inflate the test results. For example, if you chewed mints or used mouthwash that contains alcohol, your reading may be inaccurate.

The evidentiary breath test is administered at the police station or jail. The officer must follow a series of steps before administering the test, such as checking the driver’s mouth to look for foreign objects and ensuring the driver does not consume anything or vomit for fifteen minutes before the test. If these guidelines are not followed, the test results are not valid and cannot be used as evidence in court.

To take the test, the officer will ask you to blow into a tube that is connected to the breath-testing device. You will give two breath samples, with the mouthpiece being changed after each one. The officer will then tell you to blow into the tube until asked to stop. If the officer is not trained properly, he or she may encourage you to blow harder, which can affect the results of the test and render them inadmissible in court.

Due to Washington’s Implied Consent law, you may face penalties for not taking the evidentiary test. If you refuse to take the breath test, your license could be revoked for at least a year. The prosecution may also use your refusal against you in court.

Some people assume because they failed the breath test, they shouldn’t bother fighting their charges. However, the legal team at Callahan Law is trained on the science of breath testing and will investigate the circumstances of your breath test. They can work on a solid defense so you can avoid the effects of a DUI conviction.