Legal Opinion
State v. Wittenbarger
Washington Supreme Court
Decided September 8, 1994No. 60975-6; 60976-4; 60977-2PublishedCited by 117 opinions
1Opinion of the CourtDolliver, J.
Breath alcohol analysis in Washington is currently tested using BAC Verifier DataMaster (Data-Master) machines, which have completely replaced the previously used Breathalyzers. The admissibility of DataMaster breath test results has been widely challenged in recent DWI prosecutions under RCW 46.61.502, Washington’s driving while under the influence of intoxicants (DWI) statute.
The three cases in this opinion, which represent many consolidated DWI cases, were linked due to the similarity of the issues raised. In each of the cases, the Defendants’ Data-Master breath test results were…
2Cases cited18 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- State v. GunwallWashington Supreme Court · 1986
- State v. OrtizWashington Supreme Court · 1992
13 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- John Henry Casey v. Robert MooreCourt of Appeals for the Ninth Circuit · 2004
- State v. CopelandWashington Supreme Court · 1996
- State v. NealWashington Supreme Court · 2001
- State v. NealWashington Supreme Court · 2001
- Nevers v. Fireside, Inc.Washington Supreme Court · 1997
112 more not listed; retrieve them via the Exa API.