Blood & Breath Tests
Lynnwood DUI Attorney
The law of the State of Washington states that an individual who operates
a motor vehicle in the state is deemed to have given consent to tests
of their blood or breath in order to determine alcohol concentration levels
or the presence of any drugs in their system. This is known as the "
Law of Implied Consent." An officer of the law requests that a blood or breath test be given
if they suspect that the individual has been driving or has had control
of a vehicle and is under the influence of alcohol or drugs.
The officer is required to inform an individual that if they refuse the
blood or breath test that their license will be revoked for at least one
year and their refusal can be used as evidence in a criminal case against
them. The officer must also inform the individual that if they submit
to the test and the result is .08 or higher (in the case of an adult),
.02 or higher (in the case of a minor), or .04 or higher (in the case
of a commercial driver) they may lose their license for at least 90 days.
The officer must also follow exact procedure in administering the breath
test. He must perform a mouth check on you to make sure you have nothing
in your mouth prior to the test. He must also perform an observation period
of at least 15 minutes to make sure you do not put anything in your mouth.
Over the years we have had breath tests thrown out and charges reduced
or dismissed for multiple reasons involving mouth checks including: chewing
tobacco remnants in the mouth, failure to remove lip or tongue jewelry,
putting your finger in your mouth, using the bathroom after the mouth
check, an officer leaving the room to check on another subject, invalid
sample error messages and many others.
As you can see, when dealing with DUI cases involving blood and breath
tests it is vital that an individual contact an experienced Lynnwood criminal
defense lawyer who understands the tests, administrative breath test codes
and criminal codes. Contact
Lance R. Fryrear to get the assistance you need regarding these tests. Just because you
were arrested and tested over the legal limit doesn't mean you can't
fight your charges. There are numerous ways these tests could have been
administered incorrectly, and if there is a legal defense I can use, I
will find it.
Let Us Help You Understand Your Blood or Breath Test
Evidence against you can start with the blood and breath test, whether
you submitted to it or not. To aggressively fight your charges regardless
of your test results, you will need the expertise and knowledge I have
garnered as a former prosecutor. Looking for an attorney for your DUI
case in Lynnwood, WA? I know what they are looking for in a conviction
and I know how to challenge the evidence against you. The resources that
the prosecution has are there to penalize you to the fullest extent of
the law. Get competent help to get the most favorable result possible
with your DUI case, call my office today. I bring you personal attention,
excellent service and I am committed to your defense. Whether blood or
breath tests have been submitted to or refused, if you have been arrested for a DUI
contact Lance R. Fryrear at the onset of the investigation to get the best possible results.