In Washington, there is a legal presumption that you are driving drunk if you have a blood alcohol level about 0.08 percent. Oftentimes, authorities will try to prove that you are above this legal level by administering a Breathalyzer test.
However, you should know that Breathalyzer tests are not infallible. Even if you fail a Breathalyzer test, you may still successfully defend against a DUI charge and prove your innocence. In fact, one of the most common defenses to a DUI charge is casting doubt on the accuracy of a Breathalyzer test.
A Breathalyzer device is just a tool that police officers use. Like others tools, the Breathalyzer must be properly maintained and administered to deliver an accurate result. Frequently, authorities are lax in their duties and fail to property calibrate or otherwise care of the device -- resulting in false positives and other unreliable test results.
If you are charged with a DUI in the Seattle or King County areas, you should know that improperly used Breathalyzer tests cannot form the basis of the charge. With the assistance of an experienced Seattle DUI attorney, you can show that the authorities failed to follow the proper calibration procedures, that the device consistently delivered unreliable readings, that the officer did not know how to administer the device, or any other defense. This can lead to the Breathalyzer test results being thrown out.
You are innocent until proven guilty and the burden is on the prosecutors to prove their case. No evidence is infallible and your attorney can help review your options. To learn more about the defense of your specific case, contact an attorney at Wolff Criminal Defense by calling 425-284-2000.