Breathalyzer Evidence In Drunk Driving Cases Is Receiving The Endorsement Of Prosecutors

A bill to uphold breathalyzer evidence in drunk driving cases is receiving the endorsement of prosecutors and law enforcement officials in Olympia. House Bill 3055, prime sponsored by Rep. Janéa Holmquist, R-Moses Lake, was the subject of a public hearing before the House Judiciary Committee late Thursday.Holmquist said the measure would stop individuals charged for driving under the influence from getting off on “hypertechnicalities.”
 
The bill clarifies the requirement of law enforcement officers to notify DUI offenders of their rights and obligations to consent to a breath test and spells out uniform admissibility criteria to ensure test results can be used as reliable evidence.“There are hundreds of DUI cases being challenged literally on the basis of the punctuation in the consent warning given to offenders at the time of arrest,” said Holmquist. “It’s a loophole that has no bearing on the individual’s guilt or innocence. My bill would close the loophole and ensure a fair and just handling of DUI cases. Those who are guilty of drunk driving wouldn’t be going unpunished on this technicality.”

The bill was brought to Holmquist by county and city attorneys from across Washington. Law enforcement officers and prosecutors from around the state testified in favor of Holmquist’s bill. They say it will help save lives by maintaining enforcement and prosecution of the state’s drunk driving laws.
 
"Enforcement works – that’s the bottom line,” said Grant County Deputy Prosecutor Teddy Chow. “With the help of Representative Holmquist, we’ll be able to successfully prosecute these cases without the burden of facing these technical loopholes.By ending the exclusion of relevant, reliable and probative breath tests from drunk driving trials, people who drive drunk will experience the consequence of their actions,” said Seattle City Attorney Thomas Carr. “Over the years the exclusion of such evidence has allowed hundreds of drunk drivers to go free. There is no more important piece of legislation before the Legislature this session.”
 
Holmquist’s bill would still allow defendants to raise questions about the significance of the breathalyzer test results, but they could not prevent the results from being introduced as evidence. House Bill 3055 must receive an affirmative vote of the Judiciary Committee by Feb. 6.

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