Washington’s implied consent law (RCW 46.20.308) states that any person operating a vehicle in the state is deemed to have consented to a breath or blood test if lawfully arrested for DUI.
This means that if a police officer has probable cause to believe you were driving under the influence, you are expected to comply with chemical testing.
This law is designed to support the enforcement of DUI laws by ensuring officers can collect evidence. However, you still have rights, and understanding them is crucial when deciding how to respond. Let’s talk a bit more about these rights today.
Penalties for Refusal
Refusing to take a breath or blood test after a lawful arrest triggers automatic administrative penalties. A first-time refusal results in a one-year license revocation. The suspension period increases substantially if you have prior DUI convictions or refusals.
In criminal court, your refusal can be used as evidence that you were trying to hide your impairment. Judges and juries often interpret a refusal as a sign of guilt. Additionally, if you’re convicted after refusing, your mandatory jail time may be longer than it would have been with a failed test.
Should You Take the Test?
Refusing the test may seem like a strategy to prevent evidence from being collected, but this often backfires.
The administrative penalties are immediate and difficult to overturn. Prosecutors may proceed with DUI charges based on officer observations, field sobriety tests, and other evidence, even without a BAC reading.
The decision to refuse should not be taken lightly. In general, cooperating with the test gives your attorney more options to challenge the results later.
Your Right to a Hearing
If your license is suspended for refusing or failing the test, you have the right to request a hearing, but you must act quickly. You have only seven days from the date of arrest to request a hearing with the Department of Licensing.
During this hearing, your attorney can challenge the legality of the stop, the arrest process, and the way the test was offered.
Legal Help Makes a Difference
Many people don’t understand the consequences of refusal until it’s too late. If you’re facing DUI charges, get legal guidance right away. A lawyer can help you understand whether the implied consent law was properly followed and whether your rights were violated.
Contact Scott Lawrence to review your case and plan your defense.
The content in this article does not constitute legal advice and is provided for informational purposes only. If you are facing criminal charges or have legal concerns, consult directly with a qualified attorney to discuss the specifics of your situation.
