There have been some changes in the state which may solve the problems that have affected DUI prosecutions for the past three years. First, there was a problem with a supervisor at the lab who was discovered to have been lying about the testing and certification of the simulator solution used in the breath test machines. Some courts (King county, Spokane  and others) ruled that the lab was so unreliable they refused to allow juries to hear about breath test results.

More recently, the technician responsible for doing all the testing and maintenance on all the breath machines in 13 eastern  Washington counties was found to have purchased a phony diploma. This was done to get more pay from the state for the additional “education.” It was discovered as a result of a Federal investigation into the records of a diploma mill in Spokane. This raised such a question of basic honesty that all the certifications of maintenance on each machine could be challenged by a defense attorney.

Every breath test DUI in the state was affected by these problems. Defense attorneys are not stupid. It did not take long for them to realize that, because of these problems, the state could not prove breath test cases. Now there is a new supervisor at the lab, a new maintenance technician, the machines have been recertified, the lab is being recertified, and the problems have been sorted through. I hope it stays that way.

The tragic thing is that these dishonest persons damaged the work and the effort of thousands of Law Enforcement officers who do their work honorably and professionally every day. They also work with the threat that they may be a target by a dangerous thug who the soft justice system has allowed to be free on bond. The Lakewood amendment to the Constitution on the coming ballot should be passed. It will allow judges to keep dangerous persons in custody pending trial.

If legislators in this state are serious about crime prevention and holding drunk drivers accountable, they need to support the efforts of Law Enforcement. There needs to be a camera in every patrol car. The crime lab is understaffed and without resources such that it can take a year to get a lab report. Meanwhile the public is watching CSI and thinking that is the way it should be. There should be state support for local jails. The breath test machines are old. Washington should allow the evidentiary use of portable breath test devices. They are easy to use and if they are sufficiently accurate for conviction of drunk drivers in other states, why not in Washington?

Why? Because there is no collective political will to prioritize the spending of our tax dollars in favor of measures which will help keep us safe. We need to change that.