Recently Lynnwood DUI attorney Paul Hanson won an unusual DUI license revocation “refusal” telephone hearing case with the Department of Licensing (DOL).
His DUI client, after being arrested, blew separate 3 times into the police Draeger breath test instrument at the Mill Creek Police Station. Each time, the DUI client blew exactly as instructed by the Mill Creek police officer. However the Draeger instrument would not produce a test result on any attempt. Finally the frustrated officer reported the client as “refusing” the breath test to the DOL. The DOL then attempted to revoke the client’s license for one year for “refusing” his DUI breath test.
At the DOL license revocation telephone hearing, attorney Hanson presented the service record for that particular Mill Creek Draeger breath test instrument. It showed that Draeger instrument had malfunctioned (Error Code 6) during the client’s breath test. And that it had malfunctioned the same way (Error Code 6) six months earlier in another DUI “refusal” case. Upon such proof, the DOL Hearing Examiner dismissed the DOL’s “refusal” license revocation case. So no one year license revocation.
Please call Lynnwood DUI attorney Paul Hanson for more information. Call (425) 7789-7339