DUI Attorneys in Mt Vernon WA Often Fight Breath Test Results

by | Sep 3, 2014 | General


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Drivers who are pulled over because an officer suspects they have been drinking are typically asked to take a blood alcohol test. This test is usually done with a breath testing device the officer keeps in their vehicle. Failure to take the test can result in serious penalties. If you refuse to take the breath test, your license can be suspended and you may have trouble defending yourself against the charges.

Whether you take the breath test or not, it is important to hire a lawyer as soon as possible after you are arrested for driving under the influence. DUI Attorneys in Mt Vernon WA may choose to challenge the test results and if they are successful, your case is likely to be dismissed. There are a number of reasons that blood alcohol test results are determined to be inadmissible in Washington and across the country.

One of the main reasons is that the devices are often not calibrated regularly. If the prosecutor cannot produce evidence that proves the machine was working properly at the time of your arrest, the judge may not allow the results into evidence. When a breath testing machine is not calibrated, it can give false positive results. Without this evidence, the state will have to provide other evidence that proves beyond a reasonable doubt that you were intoxicated while you were operating a vehicle.

DUI attorneys in Mt Vernon WA may also challenge the validity of the test results based on medical conditions you may have or may be getting treatment for at the time of your arrest. Some diseases, such as diabetes, can skew BAC results. If you are certain you will pass a blood test, you have the right to ask for one. A blood test will give accurate results but remember that the results are more likely to be admissible in court.

If you have been charged with driving drunk, you need an experienced DUI Attorneys in Mt Vernon WA such as Bratlien Law Firm to defend you in court and protect your rights throught your case. The penalties of a DUI conviction are too severe to represent yourself.