Getting pulled over for suspected DUI is stressful enough, but when the officer asks you to take a breathalyzer or blood test, you may wonder if refusing is a smart move. Today, we’ll walk through what happens if you say no and how it might affect your case.
Implied Consent in Washington
Washington has an implied consent law. This means that by driving on public roads, you are legally deemed to have agreed to submit to breath or blood testing if lawfully arrested for DUI. Refusing doesn’t make the situation go away. It brings its own set of consequences.
Immediate License Suspension
If you refuse, the Department of Licensing will begin an administrative process to suspend your driver’s license. This is automatic and separate from the criminal case. You only have seven days to request a hearing to challenge it. If you do nothing, your license will be suspended for at least one year—even if you aren’t convicted in court.
Refusal Can Be Used Against You
Refusing a breath or blood test during a DUI stop doesn’t protect you—it can actually make your situation worse. Prosecutors often argue that a refusal is an attempt to conceal evidence of impairment. In court, they may suggest that you declined the test because you knew you were over the limit, which can influence how judges and juries perceive your case.
Even without test results, refusal can be introduced as circumstantial evidence to support the prosecution’s argument that you were impaired. Some jurors see refusal as an admission of guilt, especially if other signs of impairment were present, such as slurred speech, bloodshot eyes, or poor performance on field sobriety tests.
On top of that, Washington’s implied consent law imposes administrative penalties for refusal, including a mandatory license suspension and possible ignition interlock requirements.
And if you’re ultimately convicted, refusal may lead to sentencing enhancements. Courts may impose stricter penalties, including longer license suspensions, higher fines, or mandatory alcohol treatment programs. In some cases, prosecutors are less likely to offer favorable plea deals to defendants who refused testing.
Police Can Still Get a Warrant
In many cases, police will apply for a warrant and obtain a blood sample anyway. If the warrant is granted, refusal won’t stop them from getting the evidence they need. And now, you may face additional consequences for refusing.
Why Legal Help Matters
Refusing a test may feel like self-protection, but it can make your case more difficult. You need a DUI defense lawyer who can evaluate the facts, represent you at your license suspension hearing, and build a strategy for your court case.
Take the first step toward protecting your license and your future. Contact Scott Lawrence of the Snohomish Law Group today for a strong, informed defense.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
