State Toxicologist
and breath technicians have said for seven years the Drager machine needs to do the calculation in performance with the administrative code, and then I found out that the machine does not do that calculation," said Bianchi. Kitsap County Prosecutor Chad Enright agree to waive the typical appellate route and joined the Kitsap County judges in an effort to fast track their case to the Supreme Court, knowing it had statewide significance.At issue is how the Drager breathalyzer calculates a person’s blood alcohol level. WAC mandates it must round the final reading to three decimal points, but the machine was instead programmed by the State Toxicologist to truncate the final number.
It’s an issue that’s been known over the last several years but has not been fixed, either by changing the WAC to add "truncate" into the language, or updating the software to round the final result. The State Toxicologist is part of the Washington State Patrol, and programs and issues all breathalyzers used by all law enforcement in the state.
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