Breath Test

If you are pulled over on suspicion of drunk driving, you have a choice about the tests you take. For example, you can lawfully refuse to take both field sobriety tests and the preliminary breath test (PBT). However, the situation may change once you are arrested and brought to the station.

In this situation, an experienced lawyer who can answer your questions and outline your legal options can be a valuable ally. John F. Segelbaum, Attorney at Law, will explain Washington's DUI/DWI laws to you in a clear and concise manner, and he will vigorously defend you if you are charged with drunk driving.

For advice about your breath test results, contact John as soon as possible if you have been arrested for DUI/DWI.

Should You Refuse the Breathalyzer Test?

Answering the question, "should I take the breathalyzer test?" depends largely upon your individual situation. However, you will be charged with DUI/DWI regardless of whether you record a .08 blood alcohol content (BAC) level during the PBT or on the official DataMaster Breath Test at the station.

Whenever possible, attorney John F. Segelbaum will seek to have the charges against you dropped or reduced. He will conduct a comprehensive investigation designed to uncover any improper police procedures or violations of your constitutional rights. As part of this investigation, he will determine the following:

  • Whether you were properly advised of Washington's implied consent law: Washington is an implied consent state, meaning that you consent to a breath test by having a driver's license. Prior to administering the Breathalyzer test, the officer must tell you about the law and clear up any confusion that you may have regarding the law.
  • Whether you were properly advised of your right to speak with an attorney: The officer needs to explain your right to an attorney before administering the breath test and also provide you with a telephone book to find an attorney.
  • Whether the breath test was properly administered: If you refuse the preliminary breath test (PBT), you will be brought into the station for a test. The officer must ensure that your mouth is clear of foreign objects for at least 15 minutes prior to administering the test and must observe you during the waiting period. Failure to do so may result in exclusion of test results.
  • Whether the test results were accurate: Medical conditions, improper calibration and poor maintenance may all lead to a test result of .08 or over.

Law Enforcement Must Fully Explain Implied Consent

If you are confused about what the implied consent warnings mean, you must tell the officer. If you keep it to yourself, it doesn't count. Once you tell the officer you are confused about the implied consent warnings, he or she must take reasonable steps to clarify your confusion.

If the officer fails to do so or misstates the law, the Breathalyzer test results may be suppressed, both at the DOL hearing and in court. Please note, confusion about what to do as opposed to what the warnings mean doesn't count. The officer doesn't have to tell you what to do. That's advice you get from an attorney.

Let an Experienced DUI Defense Lawyer Work for You

If you have been accused of DUI/DWI, it is in your best interests to retain the services of a criminal defense lawyer with extensive experience challenging Breathalyzer tests. Call John to discuss how he can prepare a strong DUI defense for you: 425-361-0865.