If you are stopped for a suspected DUI in Washington, you may wonder whether refusing a breath or blood test will help or hurt your case.
While you have the right to refuse testing, doing so comes with legal consequences and can make defending against DUI charges more difficult.
Washington’s Implied Consent Law
Under RCW 46.20.308, Washington operates under an implied consent law, meaning:
- Drivers are deemed to have consented to breath or blood testing by operating a motor vehicle.
- Refusing a test results in automatic penalties, even if the driver is not ultimately convicted of DUI.
- Prosecutors can use the refusal as evidence in court, suggesting the driver refused because they knew they were impaired.
Consequences of Refusing a DUI Test
License Suspension
- A one-year suspension for a first refusal.
- A two-year suspension for a second refusal within seven years.
- A three-year suspension for a third refusal.
These penalties are enforced by the Washington Department of Licensing (DOL), separate from any criminal case.
Use of Refusal as Evidence in Court
- Prosecutors can argue that refusal indicates consciousness of guilt.
- Juries may see refusal as an attempt to hide intoxication.
- Judges may impose harsher sentences if the defendant is convicted.
Ignition Interlock Device (IID) Requirement
Even if a driver refuses testing, they may still be required to install an IID for:
- One year for a first refusal.
- Five years for multiple offenses.
Situations Where Refusing Might Be Beneficial
Although refusal generally complicates a DUI defense, there are situations where it may be strategically useful:
- When the driver has a high BAC: A test result significantly over 0.08% can provide strong evidence for the prosecution.
- When there is weak supporting evidence: If the officer lacks probable cause for the stop, a refusal may prevent additional evidence from being collected.
- If a warrant is not obtained: Law enforcement must get a warrant for a blood test. Delays in obtaining one could weaken the case.
Defending Against a DUI Refusal Case
Even if you refused testing, a DUI attorney can build a defense based on:
Lack of Probable Cause for the Stop
Officers must have a valid reason to pull you over, such as erratic driving or a traffic violation. If no probable cause existed, the case may be dismissed.
Failure to Follow Proper Procedures
Officers must clearly explain the consequences of refusal. If proper warnings were not given, the refusal may not be admissible in court.
Medical or Equipment Issues
Certain medical conditions (such as asthma) can prevent an accurate breath test.
Malfunctioning breathalyzer devices or improper calibration can call the results into question.
What to Do If You Refused a DUI Test
Request a DOL Hearing Immediately
- You have seven days to challenge your license suspension.
- A DUI attorney can represent you in the hearing.
Hire an Experienced DUI Attorney
A lawyer can assess the evidence, challenge procedural errors, and build a defense strategy. They may negotiate for reduced penalties or alternative sentencing.
Protect Your Driving Privileges and Future
Contact Scott Lawrence of Snohomish Law immediately if you refused a DUI test and need legal representation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.
