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In Washington State, the (portable breath test) PBT is used by law enforcement to find probable cause to arrest for DUI or Physical Control. The PBT is administered at the scene of the DUI stop. It is not used in the case-in-chief that goes before the jury. However, it is used in Hearings challenging the arrest by the defense. That said, the Washington Administrative Code (WAC) sets out specific detailed instructions on how the test is to be administered. Any devation will compromise the PBT test. Officers often do it incorrectly. See below:

WAC 448-15-030 Test Protocol

(1) The operator shall advise the subject that this is a voluntary test, and that it is not an alternative to any evidential breath alcohol test.The operator must perform the test according to the policies and procedures approved by the state toxicologist. The operator will perform the following test protocol:

(2) The operator shall determine by observation or inquiry, that the subject has not consumed any alcohol in the fifteen minutes prior to administering the test. If the subject has consumed alcohol during that period, the officer should not administer the screening test for probable cause purposes until fifteen minutes have passed. If the subject responds that they have not consumed any alcohol in the last fifteen minutes, the officer may offer the subject the opportunity to provide a breath sample into the PBT.

(3) Ensure a blank test result is obtained.

(4) Have the subject exhale into the mouthpiece with a full and continuous exhalation.

(5) Observe the results.

Anytime, up to seven (7) days before trial. Although, I have entered them as late as the day of trial. Obviously, you need to know the Court and what they will accept.

Yes, you can sit out – all but four (4) months. If the Ignition Interlock Device is required because of a DUI, Physical Control, 2nd or subsequent Reckless or Negligent Driving (within/7) conviction it does apply. A 4-month certification is required from the ignition interlock device installer/vendor showing compliance with RCW 46.20.720 before the interlock requirement can be removed. See Form: 4 Month IID Compliance Form

The ignition interlock restriction will remain in effect until the Department of Licensing (DOL) receives a declaration from the person’s ignition interlock installer/vendor certifying that there have been none of the following incidents in the four consecutive months prior to the date scheduled for removing the interlock:

(a) An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;

(b) Failure to take or pass any required retest; or

(c) Failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

Yes. Usually it is the standard practice. Most DUI attorneys will include the Department of Licensing (DOL) Administrative Hearing in the DUI fee. That said, you should always ask your DUI attorney to see whether it is included. (or look at your DUI fee agreement)

No. Arraignment in Washington State cannot be waived on DUI or Physical Control charges. You must appear in-person with your attorney. However, if you are unavailable your attorney can always ask for a continuance of the arraignment Court date depending on the Court. (typically, only 1-3 weeks)

Typically, the Washington State Department of Licensing (DOL) Hearing Officers will give you 7-10 calender days notice of your pending suspension or revocation. This timeline applies – if your not successful at the DOL Administrative Hearing. Unfortunately, it is not very much time to apply for an ignition interlock license.

No. Under current Washington State Law you cannot expunge or erase the Court record and/or docket – even if – the DUI is reduced to Reckless or Negligent Driving or Reckless Endangerment. Vacating your conviction is a different matter. See this blog for information. In other words, your DUI arrest may still show up in background checks.