failed road side test then at jail took breath test on data master it took 1 reading then broke no 2nd reading,asked for blood test nobody able to draw blood will this make court.
Washington law will require suppression of the evidence of your first datamaster reading. However, Washington law also permits DUI prosecution if the state can prove your driving was "affected" by any alcohol and/or drugs consumed. This is typically proven by poor driving, poor roadside tests, and any evidence or admissions you may have made.
Your case is stronger w/o the breath test reading, but its no slam dunk. Hopefully you will get some sort of reduction that will save your license and keep you out of jail.
I agree with Mr. White on this. Expect to be charged with a DUI primarily because the officer felt he had enough evidence or probable cause to arrest you, so expect a prosecutor to decide there is enough evidence to charge you. It certainly will help that no breath test evidence is available because the law requires two samples.
Get free answers from experienced attorneys.
30,258 answers this week
3,127 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary