If you have been arrested for DUI and proceed to the BAC test and provide a breath sample while having a foreign substance in your mouth, would that invalidate the BAC readings? I’ll give you a typical lawyer response, maybe. However, if the officer made no attempt to check your mouth or did a lousy job, then having a foreign substance in your mouth certainly does invalidate the BAC results according to the Washington State RCW. On the other hand if the officer asked you if you had anything in your mouth and you said “no,” but did, then you’re out of luck.
However, what if you do have a foreign substance (ie. chewing tobacco) in your mouth, the officer knows of this, yet makes no mention in the police report, what then? Your (and any witnesses) word versus the officer I am afraid. Such is the case with another client of mine. Yes, occasionally officer’s are not completely honest and occasionally they forget, either way you may be disadvantaged. Talk with your attorney though as it would be their job to investigate this unfortunate set of circumstances.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
9800 Harbour Place, Suite 204 Office: (425) 493-1115
Mukilteo, WA 98275 Cell: (425) 343-2915
Fax: (425) 645-5713
802 7th Street Toll Free: (877) 293-2275
Anacortes, WA 98221 Office: (360) 293-2275
www.davidjollylaw.com Email: david@davidjollylaw.com
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