The Toxicology Lab Scandal - Is your breath test valid?

The Washington State Toxicology Lab is the agency in charge of creating the simulator solutions used in the machines that test a person’s breath when they are being investigated for DUI. In 2007 it became known that then lab manager Ann Marie Gordon was not actually testing those solutions even though she signed under penalty of perjury that she was. Those solutions were used to determine breath test results of individuals charged with DUI. As if Ms. Gordon’s misconduct wasn’t bad enough, additional serious protocol and ethical violations were discovered upon further investigation of the lab and its employees. The violations were so abhorrent that attorney across the State challenged the use of these tests in court where the results were clearly suspect. Widespread litigation led to the suppression of the BACs statewide. Most courts have since ruled that the BACs are now admissible, due to corrections in protocol and personnel changes. However, a few select courts in Washington State including, but not limited to the King County District Courts are still unconvinced that the tests are valid. If you provided a BAC sample and are charged with DUI in one of those courts it is imperative that you hire an attorney who understands the BAC suppression ruling and its applicability. Suppressing your BAC can have dramatic beneficial effects on your case, both for court and even the Department of Licensing hearing. To find out if this ruling applies to your case call our office at 425-493-1115 or check us out online at http://www.washdui.com/