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Breath Tests

DUI Criminal Defense Attorney for King County and Puget Sound Area

The Law Offices of Steve Karimi understands the unique challenges of challenging the results of a DUI breath test, resolving a DUI breath test refusal and challenging a DUI blood test.

For your benefit, the answers to Frequently Asked Questions regarding DUI offenses are included on this website.

Challenging the Results of the DUI Breath Test

If you submitted to a breath test and you are being charged with a DUI, the breath test result is the most compelling evidence against you. Your blood alcohol level gathered by a breath test, may be damaging evidence, but it also poses a significant blow to the prosecution, if suppressed. Each case requires careful scrutiny of officer procedure, the maintenance and repair records, database logs, and calibration records of the breath testing equipment or breathalyzer.

To challenge results of breath test if the breath test is admissible at trial, the weight of the evidence will be challenged to dispute the accuracy and precision of the breathalyzer breath test. Such challenges may be brought by cross-examination or by calling your own expert witness. Only an experienced trial attorney will know how to effectively utilize expert witness at trial.

An experienced criminal defense attorney and trial lawyer will also be able to get the State's own experts to concede problems in a successful challenge of the results of a DUI breath test. For example, when pressed, the State's witness will concede that the breath test machine has problems distinguishing between deep lung alcohol and mouth alcohol. A breath test result based on mouth alcohol is inaccurate.

The Law Offices of Steve Karimi specializes in DUI defense and is ready to fight for you in your challenge of the breath test results.

Challenging the Refusal of a DUI Breath Test

If you refused the test, the State will argue that the refusal was done out of a "consciousness of guilt." While this is convenient script to argue at trial, in reality, a person my refuse the test for a number of reasons. The request to take a breath test by an officer invokes fear, stress, and panic. In such a state of mind, it is difficult for a person to make an informed decision, whether or not to submit to a breath test.

It is important to note, once an officer makes a decision to arrest you, the officer believes you are impaired by alcohol. In the event you blow and are under the legal limit, the officer is not going to un-arrest you. It is surprisingly common for a driver to be charged with DUI even for a breath test result under the legal limit. This being the case, whether you submit or refuse a breath test, means little about "consciousness of guilt."

In other cases, an officer may cite you for refusing the breath test, when you tried your best to give a breath sample. This is called an "earnest attempt" case. Not all people are capable of submitting the required volume of air into the breath test equipment.

Challenging the Results of the DUI Blood Test & Drug Impairment

Another type of DUI case involves drug impairment. If you are cited for driving under the influence of drugs, the state will argue your ability to drive was affected by drugs. Evidence of bad driving will be blamed on evidence of drug consumption.

A DUI based on drugs will utilize a Drug Recognition Expert (DRE) to complete the investigation. The DRE officer will follow a twelve-step procedure in attempt to determine probable cause for arrest. The procedure requires precision. A request to submit to a blood test at a hospital will follow an arrest. If strict procedures were not met, the blood test result would be suppressed.

Blood alcohol levels and blood test results that test positive for drugs do not mean much alone. There is no legal standard or legal limit for driving under the influence of drugs. For example, at .08 % alcohol in the body, all people are considered to be impaired to drive a motor vehicle. Not so for drugs. Different drugs, in varying amounts, affect people differently.

The Law Offices of Steve Karimi will do everything possible for you to be found NOT GUILTY of driving under the influence of drugs. Criminal defense attorney has also represented those charged with a Physical Control DUI (being in control of a motor vehicle while parked or standing still) and Boating While Under The Influence.

"Let My Extensive Experience as a Former Prosecutor Work For You."

DUI charges require the understanding and knowledge of a specialized DUI criminal defense attorney. Don't let the State convict you when you have a viable defense. Let the Law Offices of Steve Karimi help you challenge the results of your breath test. If you have been arrested for drunk driving and have a DUI charge filed against you, please call or contact our Seattle Washington criminal defense law firm. You'll get a criminal defense attorney who will do whatever it takes to get a favorable outcome for his clients

Contact Us

If you were arrested or a loved one has been charged with a crime in Seattle or surrounding areas of Washington State, the Law Offices of Steve Karimi can help. Call 206-621-8777 during regular business hours or 206-660-6200 24 hours a day for a free consultation.

Seattle Defense Lawyer

Named a "rising star" in criminal defense by Washington Law and Politics magazine, Mr. Karimi is a former prosecutor for King County who uses his insight into prosecution strategies to protect his clients' rights in criminal court.