Is Information About Your DUI In The WSP Database?

Whether it is a Seattle DUI, Bellevue DUI, or a DUI anywhere in Washington state, certain information is kept in a huge database kept by the Washington State patrol pertaining to the administration of the breath test. The DUI breath test machine in Washington State is called the DataMaster. It is called this because it actually keeps data on every breath test procedure performed on the machine.

This data is downloaded to a host computer every week, and a good DUI defense attorney will examine this database to properly defend a client accused of DUI. If you have been stopped for a DUI and took a breath test, take a look at the breath test document. In every DUI case involving a breath test, a printout is generated that includes certain basic information about the machine that was used in the DUI breath test. If you examine the breath test document, you will see at the top a serial number. This number, the date of arrest, and the subjects date of birth can be used to identify the particular line of data in the database pertaining to the breath test machine.

This database contains information about the DUI breath test that is not included on the breath test document. For instance, in some cases the breath test machine will not accept the subject’s sample and it records an "invalid sample" in the database. Proper breath testing procedure requires that an additional "15 minute observation time" be performed after an invalid sample has occurred. However, the fact that there is an invalid sample is not recorded on any breath test document that is provided to a person arrested for DUI. Moreover, sometimes, this information is not included in the police report that is obtained in DUI discovery once the criminal charges have been filed.

In our firm, therefore, we always examine the database and all maintenance records pertaining to the DUI breath test so that such potential issues might be identified. In the example cited herein, if a second "15 minute observation has not been properly administered before the administration of a breath test following an invalid sample, then the breath test itself is subject to exclusion from evidence pursuant to a motion to suppress. This scenario is one example of how complex DUI defense can be.

The DUI database, which can be found on the Washington State Patrol website, is merely a starting point for an experienced DUI defense attorney who is preparing the defense of a citizen who is accused of DUI in Seattle, Bellevue, or anywhere in Washington State. If you are in that position, the DUI defense attorneys at Fox Bowman Duarte are ready to help.

Categories: DUI