Many factors determine the resolution of a DUI case. Without knowing the facts of the case, the jurisdiction and the judge, or the other slew of details, it is impossible to tell you what your chances are. It is important to retain private counsel if you can, or contact your local public defense office to review the facts of your case.
It sounds as if you may have an issue, so retaining counsel now who you are comfortable with will be beneficial to you. They will need time to review the facts and gather the evidence available. Once they do that, they can properly inform you of your options.
If you have any other questions, please feel free to contact my office. Best of luck.
www.WHALLEY-LAW.com www.DRIVERDEFENDERS.com Legal disclaimer: The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
A PBT is a preliminary breath test that is not a substitute for an evidentiary breath test that usually takes place at a police station on a larger machine. Under some circumstance blood can be taken by the officer getting a warrant, the subject being unconscious or under arrest for possible vehicular assault or homicide. A person can get their on blood test after the arrest, but that would not prevent the alleged refusal. Contact an attorney and discuss the specifics of your case. There appears to be substantial confusion at the least.
There isn't enough information to accurately gauge your situation. Best to consult with a local DUI attorney who can run you through your options. Good luck.
Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.
The PBT is the not the BAC test the officer is saying you refused, it was the big machine at the police station. The PBT is just a guideline test, probable cause reference test the police use to determine if they have PC to arrest you. Then if you refuse to take the normal machine at the police station then that is a problem. Sounds like then the police got a warrant for the blood test or you consented to a blood test their after. You need to hire an attorney to help you with this situation. Or if you are eligible for the appointment of an attorney by the court you wouldn't have to pay for one. Either way get an attorney. If I can be of any help let me know even though I am from Moses Lake. You can find a local attorney to help you if you are comfortable with whom you find. Good Luck
The breath test that matters is the one in the station. The PBT does not replace this test and has no evidentiary value other than determining probable cause to arrest. The officer is required to tell you this. If you were properly informed and refused to take the test at the station then the officer was correct. If you were not offered the test or did not refuse, then you either have a mistaken and/or dishonest officer (hopefully, the former and not the latter).
Scott W Lawrence
(425) 488-8481 Office
As my esteemed colleague Mr. Nelson pointed out, the PBT test (preliminary breath test) is a voluntary test that is considered part of the requested voluntary field sobriety tests which you have the right to refuse with no repercussions and it is not admissible for purposes of trial and is normally only used to establish probable cause or violations of conditions of release or sentencing. In other words the PBT doesn't count. The breath test that counts is the one at the station, currently called the Datamaster or Datamaster CDM (although the State will be moving to a new machine soon called the Draeger). In Washington State, even if you refuse the breath test at the station, the officer can still get a warrant to draw your blood. It may seem unfair but they can allege both a refusal of the breath test and also allege a BAC level based on the blood result. It is best to consult an attorney to help you navigate the issues in your case. As to your question of getting it dismissed, quite frankly it will be difficult, but never impossible. It all depends on the specifics of your case and there is not enough information here for us to predict the possibility of a dismissal.
The other attorneys correctly pointed out the differences between a PBT and the BAC test at the police station. Just because you voluntarily took the PBT does not address the quesiton of whether you refused the BAC test after being arrested.
You need to consult with a DUI defense attorney. Only an attorney that has fully reviewed the discovery and interviewed you, etc. will be able to advise you of your options. Good luck.
There is no attorney-client relationship established as a result of the submission of this answer. This should not be construed as legal advice.
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