Washington State Breath Test Refusal

In Washington State, it is a crime to drive or be in actual physical control of a motor vehicle with a breath or blood alcohol concentration (BAC) of .08 or higher; for persons under 21 years of age, with a BAC of .02 or higher.During a driving under the influence (DUI) arrest, you may be asked to submit to breath or blood testing.  However, if you refuse the evidentiary breath or blood test you can still be convicted of a DUI.

The first test you may be asked to take is the preliminary breath test. To take the test, you will be asked to blow into a small handheld device. The results of this test are used to establish probable cause for a drunk-driving arrest, and cannot be used as evidence in court.

The preliminary test is purely voluntary; however, officers do not always tell suspects that they can refuse to take it. If you do refuse this test, you will not face any penalties.

The second chemical test you may be offered is the evidentiary breath or blood test.  Although you have the right to refuse such testing, typically administered at the jai, police station or in the case of blood, at a hospital, there are consequences that flow from that refusal.  Currently in Washington, the DataMaster is the approved device for evidential breath testing.

If you refused the evidentiary test, your license will be automatically revoked if you do not request an administrative hearing to contest the revocation within 20 days of your arrest or notification.  The revocation could be as low as one year (by the Department of Licensing) or up to two years (by the court if convicted of a first offense Refusal).

You face enhanced criminal penalties and a longer administrative license revocation for a breath test refusal.

If you refused to take the breath test, and the officer did not inform you of the Implied Consent rights, let your DUI defense attorney know immediately, as this can have a huge impact on your case.

To learn more about Washington DUI breath test refusal, contact the experienced DUI defense attorneys at Callahan law today.