Depending on the circumstances of a case, there are different ways to challenge a driving while intoxicated breath or blood alcohol test in Seattle. In some cases, alcohol may not even be involved in the car accident. Recently, a man was arrested after police suspected he was driving under the influence of alcohol.
Police say that an elderly man was taken to the hospital after being hit by a vehicle. According to police, the man was attempting to cross the street when a driver suspected of driving under the influence of alcohol hit him. Seattle police say they tested the driver for alcohol and drugs at the scene of the incident and arrested the man for suspicion of drunk driving.
A breath test is often used by police officers when they suspect a defendant has been driving under the influence of alcohol. In Seattle, a portable breath-testing device is used to establish a factor in a defendant's arrest, but it cannot be used against the defendant in trial. The only test that may be presented at trial is a result from a BAC DataMaster device used at a police station.
Depending on the circumstances of a defendant's case, different challenges to the breath or blood alcohol test may be made. For example, a breath test may be inadmissible as evidence if the police officer failed to follow proper procedure when administrating the test.
Those facing drunk driving charges should be fully aware of the possible challenges that could apply to their case in order to have a meaningful defense. It is important to remember that every defendant deserves a fair trial.
Source: Queen Anne Komo, "Police: Driver arrested for hitting pedestrian, suspected of DUI," Oct. 21, 2012