The state and defense argued their positions to the Washington Supreme Court on 10/26/23 regarding whether the State can meet its prima facie burden for admissibility of the breath test ticket. Defense argument took a bit of a strange turn when they argued that WAC 448-16-060(1) was at issue, that the instrument should not be truncating the results at all, in addition to how the Draeger calculated the mean at the time of the test vs. what is required by statute. Some Justices appeared confused with the math and how the instrument itself operates.  Just from argument, it appeared most of the justices understood  that the argument was simply an issue of statutory construction and that no rule or statute requires that the mean calculation for admissibility be done at the time the test is given and the instrument accepts the test. Both of the state attorneys did a good job referring to what a valid test actually is under the rule, and that the rule does not include anything regarding sample agreement.  To watch the hearing, you can find it here.  https://tvw.org/video/washington-state-supreme-court-2023101187/

If you cringe every time the instrument is called a machine, fair warning. 

Melanie Thomas Dane-WA TSRP