Only 1 test on data master then machine broke also no blood test nobody able to draw blood will this make it to court

Asked about 2 years ago - Bellingham, WA

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.

Attorney answers (4)

  1. James J White


    Contributor Level 16


    Lawyers agree


    Answered . This will make court. You can be charged on the failed road side tests alone. However, if you hire a bold, savvy, veteran DUI attorney then this will be unlikely to make conviction.
    At your service,

  2. Scott R. Staab

    Contributor Level 6


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . 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.

  3. Andrew C Huff

    Contributor Level 12


    Lawyers agree

    Answered . 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.

  4. Alexander Bruce Johnson


    Contributor Level 6

    Answered . To add to Mr. Staab's comment, you'll also escape the potentional administrative suspension from DOL since only one BAC sample was recorded and you did not "refuse." You are lucky.

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