Breath Tests Barred in Seattle DUI Cases

Ruling over accuracy of equipment affects Washington DUI cases.

A four-judge Seattle Court has ruled that breath test evidence gathered during arrests for drunk driving in Washington will not be admissible during trial. The ruling impacts hundreds of Seattle DUI cases before the city’s Municipal Court.

The judges decided to bar all breath test results taken before December 18, 2007 due to problems at the state toxicology lab. Last year the lab was found to be incorrectly calibrating equipment, resulting in false blood-alcohol content readings. In addition, software errors led to equipment inaccuracies.

Whereas the lab has reportedly addressed the errors, the judges determined that convictions for drunk driving in Seattle going back over three years may have been based on inaccurate evidence. More recent Seattle DUI cases could also be impacted as Washington DUI defense lawyers raise lingering questions about procedures at the lab.

In the ruling, the judges indicated they wanted drunk drivers off the road, but it was only fair that it be done with good evidence. The decision could mean that people already found guilty of driving under the influence in Seattle could appeal their cases. The Seattle City Attorney estimated that only a small percentage of cases would be overturned, citing additional evidence of intoxication that contributed to the conviction.

In addition to the Seattle municipal court, the courts in King County, Snohomish County, Jefferson County and Mason County Washington have barred breath test results. In the most extreme decision, some courts have banned all breath test evidence in Washington DUI cases until the state lab could demonstrate that all of its problems have been remedied.

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