Driving Under the Influence is considered a crime yet we allow our individual rights, liberty, reputation, and driving privileges to be adversely affected from a mere estimate of our blood alcohol concentration. A breath test is simply an estimate of our blood alcohol concentration. And at times, a breath test can create a false positive. Meaning a breath test device can have a positive test for alcohol consumption even when an individual had not consumed any alcohol.
Blood tests are the most accurate measurement of blood alcohol concentration. Officers throughout Washington state have been trained in obtaining blood samples on individuals investigated for Driving Under the Influence (DUI). In fact, the Implied Consent Warning Statute, RCW 46.20.308 (1) states:
Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person’s breath or blood.
This statute gives authority to any officer to obtain a blood sample whether an individual submits to a breath test or not.
DUI fatalities and accidents are horrible. I do not wish for any person to be harmed by a drunken driver. However, with that said, I’m not willing to accept people getting wrongfully convicted for driving under the influence based on an estimate.
There is an easy solution. Don’t allow breath tests to be used and require blood samples in every DUI investigation. The state has the means to obtain blood samples, therefore, this is not some outrageous notion with no realistic practical means.
We deserve better than an estimate of our blood alcohol concentration. Especially when this estimate can create false positive readings from a laundry list of factors. We deserve better and should demand for only accurate evidence to be used against us when being accused of DUI.
If you have been charged with driving under the influence (DUI) and would like us to evaluate your case don’t hesitate to contact us immediately for a free consultation.
