Breath Test

Seattle, Washington, Breath Test Refusal Defense Lawyer

If you were pulled over for DUI and arrested after failing the field sobriety test, chances are the officer asked you to take a breath test at the police station. This test is administered on a DataMaster or the DataMaster CDM machine, which are the only two breath testing machines currently approved in Washington State for use by the State Toxicologist. The results of the breath test will be used as evidence against you at trial — unless you and your attorney can prove that the proper procedures were not followed and the results should not be admitted as evidence against you.

I provide a free consultation about your breath test results

All major credit cards accepted and payment plans may be available

I am DUI attorney Peter J. Peaquin. My law firm has been fighting hard to challenge breath test results, field sobriety tests, and blood test results for people charged with driving with a blood alcohol level that is over the BAC legal limit in adults and minors. I understand exactly how the breath test should be administered, and I know the flaws in the process that can lead to reduced charges or having the results excluded as evidence of intoxication.

Do you have to take a breath test?

Under Washington State's implied consent laws, if you arrested for suspicion for driving under the influence or physical control of a motor vehicle while under the influence and the officer has properly invoked the Implied Consent Warnings, you must submit to a test or you will be subject to an administrative loss of your license for a year.

If in court, you are convicted of driving under the influence (DUI) or physical control of a motor vehicle while under the influence and the court or the jury makes the additional finding that you refused to submit to a breath or blood test, your driving privilege could be suspended or revoked for two years.

Lawyer up! Talk to an attorney before you agree to take the test.

Whether you should take the test or not is a tough question. It is always advisable to ask to speak to an attorney before taking the test. There is usually a public defender who can be reached at any time, or you can look in the phone book at the police station and call one of the attorneys who lists 24 hour service. Depending on how you sound and on how much you tell the attorney you had to drink, the attorney can advise you whether you should take the test. Ask the police officer to give you privacy to converse with the attorney.

There are two types of breath tests, the roadside or portable breath test (PBT) and the one at the station. The PBT is generally not admissible in court (although certain judges and DOL hearing officers occasionally admit it for limited purposes) and should always be refused. If the officer tells you that you will be arrested if you refuse to take the PBT... well, guess what! ... that officer is going to arrest you no matter what you do.

In invite you to learn more about DUI defense through my DUI Practice Center

Contact me right away to discuss your legal options after taking a breath test, or refusing to take a test at the scene of the traffic stop or at the police station. You don't have to face this alone. I'll be with you throughout the entire process, fighting for the best possible outcome for your charges.