As an example, there are problems now being reported in Ohio with the Intoxilyzer 8000, a new alcohol breath-testing machine that was approved by that state in 2008. But since then, several courts in the Buckeye State have ruled that findings from the Intoxilyzer 8000 were inadmissible because of vulnerabilities or inaccuracies associated with the machine.
Washington does not use the Intoxilyzer 8000 to test for alcohol content in DUI suspects. Only the DataMaster, the DataMaster CDM, and soon the Drager Alcotest 9510 are used by law enforcement personnel in the state. But the Ohio story is important because it demonstrates the reality that a drunk driving suspect is not automatically guilty even if he or she blows a reading of .08 or higher on a testing device.
Machine inaccuracies, as well as incorrectly administered alcohol tests, procedure violations, uncalibrated equipment, or tainted test samples, may be enough to disqualify alcohol testing evidence from a DUI case.
That's why it's so important to contact a qualified DUI attorney if you have been arrested on charges of driving while intoxicated in Washington. Your lawyer must have the experience and knowledge to determine whether the alcohol testing was performed correctly or not - which could have a direct impact on the outcome of your case.