Category Archives: Breath Test

1. DUI Charge Dropped in Georgia Due to Officer Falsifying Breath Tests

   Feb 14, 2012 —

   Law enforcement authorities have to meet a high standard when it comes to the acquisition and handling of evidence. And even one error or misstep can have an adverse effect on the outcomes of numerous cases, not just the case where the issue occurred. This was illustrated this week in Georgia, where DUI charges were … [More]

2. DUI Conviction Tossed Out Because of Officers Failure on Language Barrier Issue

   Feb 1, 2012 —

   People who have an oversimplified view of the law like to complain about defendants getting released on “technicalities.” But what these naysayers call technicalities have been enacted by legislators in order to prevent potential abuse of a defendant’s rights. For instance, all DUI suspects arrested in Washington must be advised of their rights in a … [More]

3. Retrograde Extrapolation Of DUI Testing Rejected by Nevada Supreme Court

   Jan 12, 2012 —

   Law enforcement agencies and prosecutors would have you believe that identifying drunk drivers is simple and straightforward. They claim that if you get pulled over and your blood alcohol content is found to be above .08 (the legal limit in Washington), then you’re guilty of DUI. In reality, that’s an oversimplified view of the process. … [More]

4. Ignition Interlocks On All Vehicles In Washington?

   Oct 15, 2011 —

   In the Future, Will Every Driver Have to Be Tested for Alcohol? People who are convicted of Driving Under the Influence (DUI) in the State of Washington are often ordered by courts to install an ignition shutoff apparatus on their vehicles. These ignition interlock systems do not permit a vehicle to be started by its … [More]

5. DUI Prosecutors Must Call The Actual Lab Witnesses Who Did Tests

   Jul 11, 2011 —

   On June 23, 2011, in a long awaited and heavily contested opinion, the United States Supreme Court ruled that DUI Prosecutors must actually call forensic witnesses to prove their cases instead of just using pieces of paper with a statement on it.  In Bullcoming V. New Mexico, the Court said that defendants have a right … [More]

6. Breath Testing At Seattle Area High School Prom?

   Jun 1, 2011 —

   Prom season is upon us and with that inevitably comes concerns over underage drinking. The National Highway Traffic Safety Administration Reports that a whopping 60% of all fatal traffic accidents occur during prom season, KOMO news reports. Washington High School, apparently aware of this, is considering having each student submit to a breathalyzer test to … [More]

7. Faulty Breathalyzer May Result In Dismissals Of DUIs

   May 17, 2011 —

   Hundreds of DUI cases could be tossed out in the San Francisco Bay Area, as the reliability of the breathalyzers used has come into question. The breathalyzer is called the Alco-Sensor V, which is manufactured by Intoximeters of St. Louis. This device was used by the San Jose and Palo Alto Police Departments. The problem … [More]

8. The Toxicologist’s New Suit

   Mar 15, 2011 —

   In Hans Christian Andersen’s childhood story The Emperor’s New Clothes, the naked Emperor is pressured to proclaim his new clothes visible when in fact even he could not see them.  The two tailors who swindled him used the fear that he would be seen as unfit for his position as Emperor or simply stupid to … [More]

9. Class Action Lawsuit Challenges Breath Test Results

   Mar 10, 2011 —

   A class action lawsuit was filed in Vancouver, Canada last week, challenging penalties given to drivers under new drunk driving legislation. Class-action lawsuit challenges DUI charges As of September 20, new legislation came into effect that penalizes a driver who is driving with a blood concentration of between .05 to .08. If the breathalyzer finds … [More]

10. New Report Shows 1 in 12 Over .08 Breath Alcohol Leaving Major Sporting Events

    Jan 25, 2011 —

    Not surprisingly, people that tailgated before a game were 14 times more likely to be over a .08 breath level. Younger fans (under 35) were more likely to be over the .08 level … [More]

11. Expected Changes to Washington State DUI Laws in 2011

    Jan 18, 2011 —

    … [More]

12. DUI – Ignition Interlock Device

    Dec 7, 2010 —

    An ignition interlock device (IID) is a type of breathalyzer that is wired to your vehicle’s starting system. The IID will prevent your vehicle from starting if you have had too much to drink – in order to start your vehicle, you have to blow into a breathalyzer tube, if you blow over a certain level, the IID will prevent your vehicle from starting … [More]

13. Drive Hammered, Get Nailed Campaign Underway

    Nov 29, 2010 —

    From Thanksgiving until January 2, 2011 the Washington Traffic Commission is reminding residents about their “Drive Hammered, Get Nailed” campaign. … [More]

14. DUI – 7 Rules of the Road

    Nov 24, 2010 —

    There will be added emphasis on DUI patrol over the holiday season and they will be on the look out for the slightest indication that you may be driving under the influence. If you find yourself being pulled over here are 7 Rules of the Road – guidelines to follow when stopped by the police… … [More]

15. DUI – DOL Driver’s License Hearing Request

    Nov 15, 2010 —

    Department of Licensing Hearing Request Information If you have been pulled over for DUI, after the arresting officer completes his arrest report, he will turn a copy into the Department of Licensing.  The Department of Licensing will then start the process to suspend your driver’s license for a certain period of time.  The day you … [More]

16. DUI – What is a Portable Breathalyzer Test?

    Nov 11, 2010 —

    The Portable Breathalyzer Test (PBT) The Portable Breathalyzer Test (PBT) is exactly what it sounds like, it is a small handheld breathalyzer machine that DUI officer’s sometimes request you blow into so they can get a preliminary breath reading from you. Keep in Mind…. these tests are extremely unreliable but officer’s can still place you under … [More]

17. Washington State DUI Prosecutors Must Call Witnesses to Prove The Charge of DUI – New Caselaw

    Nov 8, 2010 —

    The Washington State Court of Appeals in Seattle Washington (Division I) ruled recently contrary to what many DUI prosecutors in this area wish for – trial by ticket. … [More]