Washington State Breath Test
In Washington, a driving under the influence arrest will be made if the driver’s blood alcohol content (or BAC) is 0.08 percent or higher. In order to determine the BAC, the police officer asks the driver to take a Washington State breath test.
There are actually two different breath tests that a driver may be asked to take: a portable, or preliminary breath test (PBT), and an evidentiary breath test.
Before making a DUI arrest, the officer will administer a PBT test. This test is used to determine if there is probable cause to make an arrest. It is important to know that this test is entirely voluntary – refusing to take the PBT test does not count as a breath test refusal; however, some officers do not explain that the test is optional.
Because the PBT is not as reliable as the evidentiary test, the results are generally inadmissible in court. If you used cough syrup, gum, or mints before taking a PBT, the test results may be inflated, thus giving the officer probable cause to make an arrest.
Your drunk-driving arrest may be challenged if the officer did not administer the test properly. Your defense attorney will go over the police reports to determine whether the officer followed proper guidelines while administering the test. If the officer made an error, it will certainly help your case.
The evidentiary test is administered at the police station or jail, though Washington now has a mobile unit with all of the breath-testing equipment in it. Before the test is administered, the officer must first check the driver’s mouth to make sure there are no foreign substances. The officer must also watch the driver for 15 minutes before the test to ensure that he or she does not vomit or put anything in his or her mouth. If these standards are not met, the test is invalid.
The officer must inform you of your Miranda Warning and the Implied Consent Warning before giving you the breath test. If you refuse to take the test at this time, you face an administrative license suspension for one year and a two year suspension if you are convicted in criminal court. The prosecutor may also try to use your refusal to show that you had a guilty conscience during the trial.
To take the test, you will be asked to blow into a mouthpiece that is connected to a tube. The evidentiary request requires two breath samples, with the tube being changed before the second sample. The officer will instruct you to blow into the mouthpiece into you are told to stop, which is typically when you run out of breath. If the officer tells you to blow harder, you should inform your attorney – blowing harder into the mouthpiece manipulates the test and may lead to a higher test result. This is grounds to suppress the test results.
If you recently took a Washington State breath test, contact Callahan Law today. Our DUI defense attorneys will evaluate your case to determine which evidence may be used in your favor.
