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.