Arrested DUI drivers taken in to police stations for the Police Draeger breath test will sometimes be accused of “refusing” the offered breath test. Even after they have blown into the Draeger instrument several times. And even after they tried their best to blow as instructed. Such drivers are then penalized with a much longer Department of Licensing (DOL) license revocation (1 year vs. 90 days) and more severe court DUI sentences (2 days jail vs. 1 day jail, higher $ fines).
Yet often the police Draeger breath test instrument is simply malfunctioning, resulting in an “INCOMPLETE” test result. The arresting officer then erroneously concludes that the arrested driver is not blowing properly. And then lists it as a “Refusal” in the DUI police report, and report the “Refusal” to the DOL.
A good DUI lawyer will always carefully review the Draeger instrument’s breath test results history, the repair / service records, and the annual calibration records. Such reviews will sometimes result in finding instrument malfunctions that the arresting officers thought were due to improper blowing by the DUI drives. That can lead to the Draeger breath test “Refusals” being disregarded by the courts and the DOL.
Call Lynnwood DUI attorney Paul Hanson for more information. Call 425-778-7339