Refusing the Washington State Breath Test
Every DUI arrest and investigation ends in the police station or at a hospital with the final critical question: Will you take an "official" breath or blood test to determine the amount of alcohol in your system? This is one question you cannot take lightly.

In most DUI cases, you have the right NOT to take an official breath or blood test. While this is an important right you may choose to exercise, it may not be the best course of action for you! A refusal to submit to a test of your breath or blood carries some very significant consequences and penalties, more serious than taking an official test with results at or above the legal limit. Here are some examples of the serious consequences you will face for refusing to take the official breath or blood test.

1. The Department of Licensing will administrative suspend your license for at least one year. This is a loss of driver's license for 9 months longer than the administrative 3–month suspension resulting in a first time DUI case with a breath test result at or above the legal limit.


2. You will not be able to apply and receive a temporary restricted license until you have served 90 days of the license revocation for refusing to take the DUI breath test. However, if you take the test, and this is your first DUI offense, you can get a temporary restricted license after serving the first 30 days of the driver's license suspension.


3. You will lose the opportunity to avoid the administrative license suspension. One of the benefits of a deferred prosecution is that the administrative license suspension can be "stayed" or stopped if you took the official breath or blood test. This benefit is not available to you, however, if you refuse to take the breath test.


4. You will face stiffer criminal penalties. Under Washington law, the mandatory criminal DUI penalties are more severe when you refuse to take the official breath or blood test, including a longer jail sentence, higher fines, and a longer driver's license suspension.

If you are faced with the dilemma of having to decide whether or not to take an official breath or blood test, it is in your best interest to request an opportunity to speak with an attorney or a public defender to discuss your legal options, regardless of the time of day or night.

If you are reading this after suffering a DUI arrest, the attorneys at Fox Bowman Duarte can help you take steps to preserve your driver's license.