Know your rights when it comes to breath tests for DUI cases in Vancouver, WA
“We will have to do some tests to make sure you are okay to drive.” Did the police officer who pulled you over say this or something similar? Did you believe it? Far too often, officers take non-testimonial evidence during traffic stops – such as performing field sobriety tests or portable breath tests – without informing the individuals subjected to these tests that they do not have to participate.
DUI/DWI tests such as portable breath tests and field sobriety tests are designed to incriminate you. And, many times, officers do not say what they are supposed to say or do to give you a fair chance. At the law firm of Green & Ritchie, PLLC, our Vancouver, Washington, breath test lawyers are former prosecutors who know how police officers are supposed to perform these tests. We use that information to build a comprehensive DUI or DWI defense.
"He will always give the extra effort to make his clients feel comfortable and give them all the necessary information so they feel they are making the correct decisions in situations that are not always pleasant. I value his opinions and would never hesitate to refer him to my clients or family when they are in need of an attorney. Jack Green is a great attorney and a great man."
How do BAC machine breath tests work?
Like field sobriety tests, there are very technical statutory requirements that police officers must follow when using a Dräger / Draeger Alcotest 9510. However, officers often cut corners as they churn out DUIs or simply don’t know the law. If the officer did not follow proper procedure during your traffic stop, your test may be inadmissible as evidence against you.
Similarly, the BAC machine may give a deceptively high result if you have alcohol in your mouth, rather than reading the blood alcohol concentration (BAC) on your breath alone. In these cases, we will bring evidence to show that your breath test results are inadmissible. Washington Breathalyzer Lawyers Challenging The Reliability Of BAC Testing
Our lawyers are up to speed on the latest litigation involving the reliability of the Dräger / Draeger Alcotest 9510 and state toxicology lab testing methods. We have also participated in several joint motions challenging the admissibility of breath tests and the state’s refusal to provide breath test error rates.
Frequently Asked Questions About DUI Breath Tests
What counts as a domestic violence assault under Washington law?
Under Washington law, “domestic violence assault” can include more than just physical injury. Actions like slapping, pushing, grabbing objects from someone, throwing items, or making verbal threats can all lead to DV assault charges when there is a domestic relationship.
How serious are fourth-degree assault DV charges in Vancouver, WA?
Fourth-degree assault domestic violence is the most common DV charge. Even though it is a gross misdemeanor, it carries serious penalties such as jail time, fines, firearm restrictions, no-contact orders, counseling requirements, and a damaging criminal record.
What are collateral consequences of a domestic violence conviction?
Collateral consequences go beyond court penalties. They may include loss of gun rights, restrictions from protective orders, mandatory anger management or treatment programs, and lasting effects on employment, housing, and reputation.
Does Green, Ritchie & Bogar have experience with DV assault cases?
Yes. The attorneys at Green, Ritchie & Bogar are former domestic violence prosecutors in Vancouver and Clark County. Their background gives them insider knowledge of how the state builds cases, which they now use to defend clients accused of assault DV.
Can I still be charged if I acted in self-defense?
Yes. Even if you believe you acted to protect yourself or were not the aggressor, you may still face assault DV charges. An experienced attorney can investigate who initiated force, the level of threat, and whether your response was legally justified.
What should I do if I’m accused of domestic violence assault?
Contact a domestic violence defense lawyer immediately. Preserve evidence such as photos or messages, gather witness statements, and avoid making statements to police without legal advice. The attorneys at Green, Ritchie & Bogar can assess your case and determine if dismissal, negotiation, or trial is the best option.
