The Washington State Patrol has finally deployed the Draeger Alcotest 9510, its new DUI breath test machine, in King County, Washington, including in Seattle. It was purchased to replace Washington's aging fleet of Datamaster DUI breath test machines. The Washington State Patrol purchased the Draeger machines in 2009 but did not deploy them until 2014. The Washington State Patrol started deploying Draeger in more rural counties. Attorneys Geoff Burg and Jason Lantz took this opportunity to prepare for Draeger's arrival in King County.
A person arrested for DUI in Washington will most likely be asked to submit to a breath test on the new Draeger. Mr. Burg and Mr. Lantz were part of the original group that issued subpoenas to Draeger and the Washington State Patrol for records surrounding Washington's decision to purchase the Draeger. They were shocked to learn that Fiona Couper, Washington State Patrol Toxicologist, had sent an email in early 2009 stating that the State should "throw caution to the wind" and deploy the Draeger without independent testing.
Jason Lantz, attorney with the Law Offices of Geoffrey Burg, LLC, led a group of attorneys in Snohomish County to obtain the Draeger source code. An expert review has found a number of serious flaws in the Draeger's software design. Mr. Lantz has compiled evidence to show that the Draeger is a deeply flawed machine. This is important in DUI cases because the State must prove that a Draeger test is accurate and reliable beyond a reasonable doubt. Mr. Burg and Mr. Lantz are on the cutting edge of Washington Draeger DUI defense.