Washington DUI Law and Portable Breath Tests.

A portable breath test is a relatively small hand held device that may Washington law enforcement officers carry in their vehicle.  At some point during their roadside DUI investigation, they often request that you provide a breath sample into one of these portable devices.  Under Washington's DUI laws, you are NOT required to submit to a portable breath test.  And you should always refuse to do so. 

These devices are remarkably error prone and unreliable.  They are simply another way for law enforcement to try and gather incriminating evidence against you so that they can validate your arrest for DUI.  Incredibly, many of our clients have reported to us that the officer requested that they take the test by somehow implying that they want to "check and see if they are OK to drive".  This is hogwash.

By the time an officer requests a breath sample into one of these portable devices, it is much, much more likely than not that he has already decided to arrest you.  He is only hoping to corroborate his decision.