As of September 2024, there have already been 249 alcohol-involved crashes in Snohomish County alone. In all of Washington State, there have been 2,666 this year.
What to Do If You’re Arrested for a DUI in Washington State
If you’ve been arrested for a DUI in Washington State, it’s important to understand the legal process and how breathalyzers work to determine guilt and punishment.
Here is a quick guide to help anyone through a DUI arrest:
1. Remain Calm and Cooperate
If you have been pulled over for a DUI, the most important thing you can do during the stop is to be respectful and cooperate with law enforcement. While you should cooperate, you also have certain rights, including remaining silent.
Do not talk to the police about the details of your situation until you have had an opportunity to speak with an attorney.
2. Understand Implied Consent Laws
Like in every US state, Washington drivers are subject to Implied Consent Laws. These laws mean you consent automatically to a blood or breath test if you’re arrested for a DUI.
You can refuse to take the test, but Washington State law includes consequences for doing so.
3. Breathalyzer Refusal Laws Vary
Some states, such as Washington State, have breath test refusal laws, and the refusal rates vary from state to state. In 2005, the National Highway Traffic Safety Administration surveyed refusal rates nationwide.
Although this was nearly 20 years ago, the data is still interesting.
It noted that the highest rate was in New Hampshire, where 41% of those tested refused the breathalyzer, while the lowest was in Delaware—a mere 2%.
Washington State’s refusal rate in 2005 was 16%, slightly below the national average. You are legally entitled to refuse the breathalyzer, but that doesn’t mean it will benefit you.
4. Consequences of Refusing a Breathalyzer
If you refuse a breath test in Washington State, you are automatically subject to a penalty. If you refuse the test, you are automatically penalized more severely than if you are tested and have a BAC over the legal limit.
Here are the penalties for refusing:
- 1st offense: 2-year license suspension, two days in jail.
- 2nd offense: 3-year license suspension, 45 days in jail.
- 3rd offense: 4-year license suspension, 120 days in jail.
License Suspension Comparison: The suspension period for refusal to take the test is longer than if you take the test and register a breath alcohol concentration over the legal limit. There is little or no advantage to refusal.
5. Supreme Court Ruling on Blood Draws
Police cannot force a blood draw without a warrant, according to a ruling of the U.S. Supreme Court. However, they can administer a breath test, which you don’t have to take, but you must then deal with the consequences.
6. Exceptions to Refusal
There are exceptions to the refusal laws, of course.
If police find you at the scene of an accident that caused serious injury or death, they do not need your consent to take your blood. Nor do police need your consent if you are unconscious.
7. Prosecution Challenges in Refusal Cases
If you refuse to take the breath test, the prosecution must prove impairment via testimony from the arresting officer about erratic driving, the outcome of a field sobriety test, or the results of a blood test – or the testimony of a witness who saw you drink.
Your DUI defense could argue you were confused about your rights or that a medical condition was causing the behavior that led the officer to arrest you.
8. Request a Lawyer Immediately
If you’re charged with a DUI (or worse, a DUI refusal), call a DUI lawyer immediately. That person will educate you about the DUI process, explain the charges you’re facing, and formulate a defense tailored to the facts of your case.
Speak with a DUI Defense Lawyer in Snohomish County
Contact Philip Wakefield, an experienced criminal defense lawyer in Snohomish County, to help you fight your charges and mitigate the legal and personal consequences of a DUI charge.
