Chelan County District Court Judges Decline Dismissing DUI Cases Based on Faulty Breathalyzer Tests

Chelan County District Court denied the dismissal of multiple DUI cases that used what defendants claim are faulty breathalyzer tests on Tuesday.

Defendants were asking court judges to dismiss DUI charges that used a Draeger instrument, claiming that they were inaccurately estimating a person’s BAC level.

Defense attorneys John Brangwin and Jeremy Burke were joined by Clayton Graef, who represented Washington state, and Brendan Rochford, representing the City of Wenatchee.

Chelan County District Judges Roy Fore and Kyle Mott ruled that these breath tests are admissible for evidence.

Brangwin and Burke said they will be weighing their options in light of this dismissal. 

Brangwin added that the Chelan County District Court’s decision is contradictory to how other Washington state courts have concluded, and that he is concerned that the Douglas County District Court will be influenced by Chelan County District Court’s decision.

Burke said this case has already been presented to the Washington State Supreme Court, so it will be up to the state now as to whether this case will be revisited or fully dismissed.