Washington’s DUI Implied Consent Laws and Refusing a Breath or Blood Test

You can be convicted of a DUI in Washington for driving or being in actual physical control of a vehicle:

• while impaired by drugs or alcohol
• with a blood alcohol content (BAC) of .08% or more, or
• with a THC level of 5 nanograms or more.

Prosecutors often use the results of a breath or blood test to prove a DUI charge in court. Refusing to submit to a breath or blood test might deprive the prosecution of incriminating evidence. However, the state's implied consent law imposes certain penalties on drivers who unlawfully refuse DUI testing.

Washington's DUI Implied Consent Requirements

Washington's "implied consent" law states that any person who operates a vehicle in Washington is deemed to have given consent to a breath test. More specifically, this law requires all drivers who are lawfully arrested for DUI to submit to a breathalyzer test when asked to do so by an officer.

Refusing testing will result in administrative license suspension and increased criminal penalties.

Consequences of Refusing a DUI Blood or Breathalyzer Test in Washington

Refusing an officer's lawful request for a blood or breath test can lead to a variety of consequences and penalties.

License Suspension for Breathalyzer and Blood Test Refusals

When a driver refuses testing, the officer is supposed to report the refusal to the Department of Licensing. The department will then suspend the driver's license for two years. If the driver has a prior refusal or DUI conviction within the last seven years, the suspension will be three years. And if the motorist has two prior refusals or convictions within seven years, the third offense will result in a four-year suspension.

Getting a Restricted License in Washington Following an Implied Consent Suspension

Generally, the suspended driver can immediately request a restricted license after installing an ignition interlock device (IID). This license authorizes the holder to drive during the suspension period but only with an IID.

Washington Law Allows a Refusal to be Used Against the Driver at a DUI Trial

In the criminal case, the prosecutor is allowed to tell the jury that the driver refused testing. Prosecutors often argue that a refusal is evidence of the defendant trying to conceal impairment.

Criminal Charges Can Involve Enhanced Penalties for Refusal Cases

A driver who refuses testing might face increased penalties if convicted of a DUI in criminal court.

Talk to a Washington DUI Lawyer

Washington's DUI laws are complicated, and the penalties for a conviction or implied consent violation are serious. If you've been arrested for driving under the influence, you should get in contact with a qualified DUI attorney who can help.