We are trying to respond to our current clients but we know there is a lot of interest in how the recent Keller decision will impact DUI cases in Kitsap County.
While the decision impacts admissibility of breathalyzer evidence, that does not mean it will impact ALL cases. Prosecuting DUI cases in the State of Washington does not require a BAC result. In fact, many cases are prosecuted under the “affected by” prong.
If you have an attorney on your pending case, you should reach out to him or her regarding your specific case. If the Keller ruling will have any impact on your case, it will be a fact-specific analysis to determine whether the State has ONLY the BAC result as evidence of your DUI.
Do not take advice from non-lawyers or any lawyer who is not an experienced LOCAL criminal defense attorney. You can make a bad situation a lot worse if you make assumptions about the recent District Court ruling.
Appear for ALL court dates and do not assume your case is being “thrown out” or dismissed. Additionally, do not forget that you also have potential DOL issues that can suspend your license.