But, for someone less affected by the breath test machine, it might be nice to know what happens if you are asked to take the DataMaster breath test. The procedures, time lines, what the Seattle cops will say and do (and not do) and what you should do during the test.
And before I begin the post here at the Seattle Traffic Lawyer Blog I want to point one thing out - a universal truth if you will. If you are asked to take a breath test down at the station (always refuse field sobriety tests and portable breath tests - always) always always always demand that you speak with a Seattle traffic lawyer, even if it is a public defender. They are going to be able to assess your situation much more accurately than you and give you good advice on how to proceed.
Now, back to the test overview. The DataMaster is an interesting machine because it is always running. There is no warm up time, no on switch like a computer, or anything. It is just waiting to send someone to jail needlessly (okay, I threw that in there on my own). The only thing holding you back from taking the test when you walk in the door is the 15 minute observation period the police must do on you before they give you the test (and, if you can, make sure the Seattle police are actually watching you - or aren't - this is something that can get the test thrown out, which means you beat your Seattle speeding ticket). The observation period starts with the officer entering the time the period started into the machine.
After this, the officer will enter some of your background information into the machine (none of which affects the results like body weight, core body temperature, or breath temperature, but we'll worry about that later) so it can enter your information into the database. At this point the officer's role is pretty much over, except to give you the notices required and to make sure you actually blow into the machine.
Now the machine is ready to rock and roll. The first thing it does is clear the air chamber of air and replace it with outside air. It checks this air to make sure there is no alcohol in it, and does this a few times throughout the process. I'm not sure if there has ever been a test that has not been .00, which I'm not sure if I find curious or not (is alcohol ever in the air around us?).
After this the test is ready for you. It will check to make sure it is working properly internally (some infrared stuff), and ask the Seattle police officer if you have agreed to take the test or refused. If you agree, you have two minutes to give an acceptable breath sample for testing. If you don't give an acceptable sample within two minutes, the machine will ask if you refused (I would not suggest trying to fake the machine out - if you are going to refuse just do it outright - it looks better to the jury and is easier for your Seattle traffic lawyer to explain).
Once your air sample is accepted it is analyzed and a piece of paper is spit out that shows your breath alcohol content. If it is above .08, get on the phone, because you will need a Seattle traffic attorney immediately. Actually, even if it is below, you better get on the phone, because you still aren't off the hook for Seattle DUI.
After this, the machine reads what is called an "external standard" to make sure it is reading breath alcohol correctly. A solution of alcohol air is put into the machine that is at a known quantity (.10). The machine must return a reading of between .09 and .11 for the test to be valid (can you see the ways racking up that a breath test might be thrown out if you have a thorough Seattle traffic attorney).
Once this is done, you must do the whole thing again, and your two samples must be within 10% of each other to be a valid sample. Interestingly enough, the State patrol reports that roughly 11-20% of the tests are outside the sample parameter requirements (this means roughly 1 in 5 tests is invalid - I guess a breathalyzer is kind of like a Seattle DUI attorney - you get what you pay for!).
After the second sample, the machine will take a final room air sample to make sure it comes back at .00. After that the information is downloaded into a main computer that stores all of this information.
So, now you know.
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