stSince July 16, 2021, a new DUI defense has existed in Washington State for DUI for cases occurring before November 6, 2022. On July 16, 2021, the Washington State Patrol (WSP) Breath Test Division admitted that its police Draeger breath test instruments used in Washington DUI cases were not properly calculating their average breath test results, as required by their governing regulation, WAC 448-16-060(2).
Consequently, numerous Washington courts have ruled that these DUI breath test results were invalid and cannot be used in DUI trials. These court rulings have helped DUI clients arrested before November 6, 2022. On that date, the Washington State Toxicologist finally changed the governing regulation, WAC 448-16-060(2), to approve the way police Draeger breath test instruments were calculating the average of their breath test results.
Call Lynnwood DUI lawyer Paul Hanson for more information. Call 425-778-7339.