Washington DUI Breath-test Upgrades

The Dräger Alcotest is the first upgrade in the last 20 years that Washington Law enforcement is making to their DUI breath-test machines. The new Dräger Alcotest 9510 (above right) runs microsoft software with a touchscreen for easier use, and more accuracy when testing the alcohol content in a person's breath.  The new machine can scan drivers licenses to provide perfect accuracy of personal information, and then prompts officers through questions on the situation which led to the test.  The new machines also offer instant online cataloging, instead of the weekly manual gathering of results as many machines failed to make currently.

The old datamaster would test the breath-alcohol content based off of an alcohol mixure created by lab tech's weekly. the chemical solution would be put into the machine as a baseline, so the machine then could compare the results of a person's breath, with that of the mixure.  The problems in the past with this approach were many.  For years the technicians would go down to the liquor store and purchase alcohol with the stated proof on the bottles.  What independent testing found was that the alcohol waried widely in Proofs, but passed the Liquor Control Board to allow it to be sold as such.  When using a varying baseline to compare the reults of such breath odor alcohol the State of Washington was incarcerating individuals on shoddy science.

In the Seattle times report of the upgrades, it brings up the State Patrol being under fire in the past for using the DataMaster machines, as well for their DUI protocols.

In 2008, three King County District Court judges issued a blistering 29-page ruling, saying that the lab engaged in “fraudulent and scientifically unacceptable” practices that have compromised breath-test readings used to prosecute suspected drunken drivers.

The judges found that a “multiplicity of errors,” including how breath-test results were analyzed and verified at the lab, affected thousands of cases in recent years.  Specifically, the judges criticized the work of the former state toxicologist and the former lab manager. The allegations included errors to the way the breath-test machines were calibrated.  What was happening was many tests to check validity of the baseline alcohol samples were signed off as "Tested" independently when in fact they were not.

The State Patrol says the new machines utilize a dry gas standard instead of the liquid solution to verify that the instrument is working properly. The Dräger’s dry gas contains a known concentration of alcohol, allowing the instrument to verify that a suspect’s breath alcohol is being measured accurately and reliably.  The defense bar whom now has access to these devices are presently testing independently the working and accuracy of the devices as we feel it is important that innocent individuals do not lose the right to drive a vehicle, and are incarcerated without reliable evidence.

If you find yourself with a DUI, contact us to help you fight it today.

What happens after I get a DUI?

              Every DUI and reckless driving charge is different.  In each City, and every District Court in the County, alcohol driving offenses are handled differently.  Results in one city or court, may be handled completely different in another city or courtroom.  To many, this doesn’t make sense, seeing as the law is the same everywhere; however the law is being interpreted by people, all of whom handle things differently.  The Law sets forth a basic frame work to handle each case.

              When working within the bounds of different court rooms and cities, relationships and knowledge of those individuals in charge is very important.  It will give you insight on how they might react in certain circumstances.  Having a reputation, which can only be developed over time, is extremely important knowing that certain attorneys bring certain types of cases to trial. Finding a Local dui attorney Marysville WA has to offer, with an outstanding reputation is vital.

Questions an Attorney will typically ask right off the bat:

-Was it the Washington State Patrol, or a city police force that did the arrest?

                Different police departments have different reputations and better or worse track-records in alcohol related arrests.

-Was there a camera installed in the police vehicle, and or installed where you were booked?

                If a recording is available, it is important to get the video and audio of the events to have evidence of any part of the DUI procedure being done incorrectly. If a single step is missed, the entire case can be dismissed in court. This factor is very important.

-What was the BAC test level?

                The legal limit is .08, this is important because each machine has specific tolerance levels.  Tolerance levels are the amount of fluctuation a machine has been known to be off by; typically up to .03 higher or lower. Experts will testify to this, and it can form the Prosecutor’s and Judge’s attitude towards a case to rule more or less harshly dependant on the BAC test results.  For example, if the BAC test results a .15 or higher, the penalties for DUI or other Alcohol/Drug related arrests double.

-Is this the first DUI, the second, the third, etc.?

                Dependant on which number of offenses you have had in the past, punishment varies dramatically on the minimum jail time, the loss of license or ignition interlock devise, and fines in the statute of the case. Some judges feel that at the 3^rd or 4^th DUI, a person should serve a minimum of one year jail sentence.

-Are there any priors? This would include non-alcohol related crimes. 

Yes even speeding tickets.  Should someone with 20 speeding tickets get the same results as somebody with none?  How about somebody with several felonies?  What happens if the felonies are from a long time ago, the prosecutor considers every detail as all they ever see is the report which includes all past criminal and traffic history.

Whatever your situation, if you received a Local DUI, you are facing stress.  There are many issues to navigate in the DUI.  There are Department of Licensing hearings, which are separate from the criminal hearings.  There is losing your license or suspension, and the decision of an ignition interlock device.  For some, the greatest concern is the required assessment for addiction.  Where to go, what it will cost, what will the test be on? There could be Alcohol and drug information school.  There will be a victim’s panel, if there is Probation will you be able to move, go to Canada etc. This is why it is so important to find the best dui attorney Skagit County, and the greater Snohomish County area has to offer. What you need in these times of trouble is someone with a track record of success. You need an attorney who has fought DUI’s for over 20 years, and can answer every question.

  I use my skills and knowledge to walk side by side with my clients, and obtain the best result possible; not for the attorney, but for the client.  Many of my client's are stressed about the many issues facing them; they need more of an explanation than a Web-site can go into. I say to you, let's walk through this together, this too will pass.

Off Duty Officer Arrested for DUI in Washington

The Lewis County sheriff’s office says an off-duty deputy was arrested by the Washington State Patrol in a drunken driving stop about 1 a.m. Saturday on Interstate 5 near Chehalis.

Sheriff Steve Mansfield says 31-year-old Deputy Christopher P. Fulton of Napavine has been place on administrative leave for an internal investigation.

Though it scares many of us when an Agent of Defense is found breaking the law, it should come as a feeling of relief that we live in a state that all are held accountable for their crimes. Justice is fair and true; no one can escape it, even those whose duty is to uphold it.

A DUI like all other crimes is punishable under law, though with the right help the burden can be alleviated and at times removed.