Douglas County will make a formal announcement Tuesday on whether it will dismiss DUI cases that used what defendants claim are faulty breathalyzer tests. 

District Court Judge Eric Biggar will issue his decision after Chelan County District Court judges announced last week that they would not dismiss those cases. 

Defense attorneys John Brangwin and Jeremy Burke were seeking to have the cases dismissed in Chelan County, and have said they will be weighing their options after being rejected. 

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

The state Supreme Court will be deciding how all cases with the disputed breathalyzer tests will be handled next year after being asked to do so by the state. 

The high court will review a Kitsap County District Court finding that all breathalyzer tests obtained from Draeger machines are invalid. 

The Kitsap County judges agreed with attorneys that the results are invalid and go against Washington administrative code. 

The Kitsap case is bypassing appeals courts and going directly to the state Supreme Court because of the extraordinary circumstances surrounding the case. 

A hand down from the Supreme Court said, "Because this decision has the potential to affect a great number of Washington prosecutions for driving under the influence, this case involves significant public interest questions in need of prompt and ultimate resolution in this court; therefore, direct review is granted and the case is retained in this court for a decision on the merits." 

The high court will take up the 89-page opinion from all four Kitsap County district judges. 

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