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STATE v. WITTENBARGER

Nos. 60975-6; 60976-4; 60977-2.

124 Wn.2d 467 (1994)

880 P.2d 517

THE STATE OF WASHINGTON, ET AL., Respondents, v. JERRY A. WITTENBARGER, ET AL, Petitioners. THE STATE OF WASHINGTON, on the Relation of Seth Dawson, as Prosecuting Attorney for Snohomish County, Respondent, v. SOUTH DISTRICT COURT, ET AL, Appellants. THE STATE OF WASHINGTON, Appellant, v. REGINALD MATTHEWS, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

September 8, 1994.

Attorney(s) appearing for the Case

Steven C. Ashlock; Lovie L. Bernardi of Snohomish County Public Defender Association, for petitioners Wittenbarger, et al.

Neil M. Fox and Christine A. Jackson of Seattle-King County Public Defender Association, for respondents Matthews, et al.

Seth R. Dawson, Prosecuting Attorney for Snohomish County, and Constance M. Crawley, Deputy; Norm Maleng, Prosecuting Attorney for King County, Donald J. Raz, Senior Deputy, and Lana Morgan and Stephen G. Teply, Deputies, for State.

DOLLIVER, J.

Breath alcohol analysis in Washington is currently tested using BAC Verifier DataMaster (DataMaster) 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...

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