Your DUI breath test may be over the legal limit on the breath ticket you receive from law enforcement, but may in fact be below the legal limit. Washington State is not providing confidence intervals on breath tests and criminal defense attorney’s such as Cristine Beckwith have been successfully arguing in some jurisdictions that without this evidence, DUI breath test results should not be admissible in court.
Scientific data is generally accepted when the rate of uncertainty is presented with the data. Prosecutors are presenting this evidence without providing the information regarding the uncertainty data for those tests.
Without this evidence, some courts are finding that the breath tests as submitted are not supported by generally accepted standards in the scientific community and as a result are suppressing some breath tests. Cristine Beckwith is a Tacoma DUI attorney with a proven track record on DUI defense.