Breath & Blood Tests in Washington DUI – Sheed Law Offices, PLLC
A breath or blood test can be administered by a Washington law enforcement officer when they have probable cause to believe you are driving under the influence or are in physical control of a motor vehicle while impaired. The purpose of a breath test is to determine whether or not the person is impaired, as indicated by the driver’s breath test, otherwise known as the Blood Alcohol Content (BAC) reading. In Washington, the legal BAC limit is .08 percent within two hours of driving. The legal limit for marijuana in one’s system is 5.0 nanograms, as shown by a blood test, however.
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A blood test could also be administered for the purposes of determining a driver’s BAC reading, but only under unique circumstances would law enforcement seek this route. Breath tests are administered in majority of alcohol-related DUI arrests. The Seattle DUI lawyers at Sheed Law Offices have extensive experience attacking breath and blood test results with consistent success. The Seattle DUI lawyers at Sheed Law Offices have the expertise and knowledge of exactly what the Prosecutor must show in order to utilize a breath or blood test result as evidence, and we make sure to attack any and all deficiencies in the prosecution’s attempt to use a breath or blood test against our clients. We have experienced consistent success in defending our clients against DUI charges and attacking the breath or blood result is just one part of our defense.
Our clients are always surprised to hear about the many inherent flaws and inaccuracies related to the breath tests. These inaccuracies can be boiled down to the machine itself and the person providing the breath test. There are two types of breath testing machines, the Draeger and the Datamaster. These machines may yield an incorrect reading due to issues with the software, the simulator solution, the machine’s assumed breath temperature, lack of machine’s maintenance, etc. Additionally, there are a variety of ways that the driver providing the breath sample may unintentionally affect the machine’s BAC reading due to their pattern of breathing prior to submitting a sample, blowing into the machine longer than necessary, medications, and diet. Many of our past clients were surprised to learn that there are many factors that can affect the outcome of their blood or breath test. In order to discover if any of these factors affected your breath or blood test, and how it may be relevant to your DUI charge, it is wise to seek help and legal counsel from an experienced Seattle DUI lawyer at Sheed Law Offices, PLLC.
Just like the breath test, there are factors that can lead to an inaccurate BAC reading when a blood test is performed. The Washington Administrative Code (WAC) has a detailed list of requirements that a blood test must adhere to in order to be admissible evidence of impairment. Reasons that a blood test would be deemed invalid include, but are not limited to: contaminated medical equipment, inadequate equipment, the driver had existing medical conditions that contaminate results, lack of credentials from the person who performed the blood draw, etc. It can be very beneficial to have a Seattle drunk driving attorney who will work hard to find any discrepancies in a blood test that may contribute to an eventual dismissal of your charges. The Seattle DUI lawyers at Sheed Law Offices have the expertise and knowledge as to what the Prosecutor must show in order to utilize breath or blood test results as evidence, and we make sure to attack any and all deficiencies in the prosecution’s attempt to use a breath or blood test against our clients. We have experienced consistent success in defending our clients against DUI charges and attacking the breath or blood results is always part of our plan.
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