Many drivers believe that refusing a breath or blood test during a DUI stop might help them avoid prosecution. But in Snohomish County, refusal triggers its own set of penalties, starting with your driver’s license.
If you have been arrested for DUI and declined testing, it is important to understand what happens next and what you can do to protect your driving privileges.
Washington’s Implied Consent Law
Under Washington law, anyone who drives on public roads is considered to have given “implied consent” to chemical testing. If you are lawfully arrested for DUI and refuse to take a breath or blood test, the state can take administrative action against your license, even before any court hearing takes place.
Refusing a test does not shield you from legal trouble. It adds another layer to your case.
Administrative Suspension Happens Fast
After refusing a test, the Washington State Department of Licensing will automatically move to suspend your license for at least one year. This penalty applies even if the DUI charges are later reduced or dismissed.
You have only seven days from the date of your arrest to request a hearing to challenge this suspension. If you do not act within that window, the suspension begins automatically.
Refusal May Hurt Your Criminal Case
Prosecutors often present a refusal as evidence that you were trying to hide your impairment. They may argue that you refused testing because you knew you would fail.
This can damage your credibility in court, and it may limit your options for a plea deal. Refusal also frequently leads to longer mandatory ignition interlock periods and higher fines if you are convicted.
You Still Have Rights
Although refusal creates additional hurdles, it is not the end of your case. Your attorney can challenge the legality of the stop, whether the officer followed correct procedure, and whether the refusal warning was properly given.
The administrative hearing and the criminal court case are separate. Each requires a tailored strategy to minimize consequences.
Take Control of the Situation
Losing your license can affect your job, family obligations, and overall quality of life. Do not wait until it is too late to fight back.
Contact Scott Lawrence at the Snohomish Law Group to challenge the license suspension and build your DUI defense. Visit our contact page.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
