Refusing the Washington State DUI Breath and Blood Tests

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 administratively revoke your license for at least one year. This is a loss of driver's license for nine months longer than the administrative three–month suspension resulting in a first time DUI case with a breath test result at or above the legal limit.

2. 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. For instance, for a person with no prior DUI offenses within seven years who is convicted of DUI and who refused to take a breath test, the mandatory minimum jail is two days and the license revocation due to conviction is two years. The same person who took a breath test with a reading of .08 would face a mandatory minimum of one day in jail and a 90-day suspension of the license.
 

3. If you refuse to take the breath test, the prosecutor will argue at trial that this indicates a consciousness of guilt, thus giving the jury a reason to convict. On the other hand, there are numerous issues associated with a breath test result that bear on accuracy and reliability that can be brought to a jury's attention.
 

4. In some Washington State DUI arrests, (such as a Seattle DUI Squad DUI arrest) the police will obtain a search warrant to compel you to give a blood sample despite your refusal to take the breath test.

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