In Washington and every state in the country, a driver is presumed to be legally intoxicated if his or her blood alcohol content is .08 percent or higher. However, a police officer cannot just assume that a person is intoxicated prior to charging a driver with DUI. The officer must have proof that this is the case, and evidence can be collected using a Breathalyzer machine.
Generally speaking, the results from a Breathalyzer test can be admitted in court assuming that the machine provides an accurate result. These machines must be tested and calibrated on a regular basis to ensure that they accurately measure an individual’s BAC. Furthermore, the person who uses the machine has to be able to use it properly. This could mean that an officer must be certified to use a Breathalyzer prior to testing a driver.
Those who are subject to a test may be able to argue that they ate or smoked prior to the test, which could skew the results. It might also be possible to argue that the machine wasn’t tested at regular intervals in accordance with state law. If it can be shown that the results aren’t accurate because of errors made by the official administering the test, the results of the test could be thrown out.
If a driver is convicted for DUI, it could result in a loss of driving privileges as well as a fine or jail time. By disputing the results of a Breathalyzer test, it may be possible to obtain a favorable outcome in a drunk driving case. An attorney may be able to negotiate a plea deal or have charges dropped entirely.