Breath Tests Results Suppressed in King County

Posted by Jason Lantz | Nov 08, 2022 | 0 Comments

A panel of judges in King County District Court, Maleng Regional Justice Center, suppressed breath test results in DUI cases from stops prior to November 6, 2022.  The court found that the breath test machine was not completing a required calculation as required by law.  This was a panel decision which means it is intended to settle the issue for King County DUI cases; however, each judge is allowed to consider whether they would reach a different decision.  Most judges have been adopting the decision.  As a result, the state will only be able to proceed in these cases without the breath test.  They will be required to attempt to prove beyond a reasonable doubt whether the defendants in those cases drove while their ability to drive was lessed by any appreciable degree by alcohol based on driving, field tests, balance, coordination, etc. The state changed the law, effective November 6, 2022, so that the calculation completed by the breath test machine is now approved for cases November 6, 2022 and later.

About the Author

Jason Lantz

Jason Lantz, attorney at the Law Offices of Geoffrey Burg, LLC, focuses his practice on criminal and DUI defense. Jason obtained his B.S. in Life Science from Kansas State University and graduated from Seattle University School of Law with honors. Jason has been one of the leaders of the Washington Draeger Litigation Project since January 2015. The Draeger is Washington state's relatively new breath testing machine. Jason has spent hundreds of hours researching the Draeger Alcotest 9510, talking to experts, and coordinating litigation. His Draeger work was recently featured on the New York Times television news program "The Weekly."


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