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The devices described in
WAC 448-15-010 are
approved for use in aiding police officers to form
probable cause that a subject has committed an
offense involving the consumption of alcohol. The
test results, when obtained by a trained operator
using an approved device which has been maintained
and certified according to the rules described
below, and carried out according to the approved
test protocol, will show to a reasonable degree of
scientific certainty, the test subject's breath
alcohol concentration. The results are therefore
suitable to show whether an officer has probable
cause to place a person under arrest for alcohol
related offenses. These results may not be used on
their own for determining, beyond a reasonable
doubt, that a person's breath alcohol concentration
exceeds a proscribed level such as anticipated under
the 'per se' statutes for intoxication.
This preliminary breath test is voluntary, and
participation in it does not constitute compliance
with the implied consent statute (RCW
46.20.308). |