Should You Refuse a Breathalyzer Test During a DUI Stop in Washington?

Understanding Washington’s Implied Consent Law

In Washington, driving is considered a privilege, not a right. When you get your driver’s license, you agree to follow the state’s laws, which include submitting to a breathalyzer test if you’re suspected of driving under the influence (DUI). This agreement is called “implied consent.”

The idea behind this law is to help law enforcement gather evidence when they believe someone is driving drunk. If you refuse the test, you’re not off the hook. In fact, refusing has serious consequences, and knowing these can help you make a better decision if you’re ever in this situation.

Consequences of Refusing a Breathalyzer Test

As a DUI lawyer based in Spokane, Washington, I often get asked about the implications of refusing a breathalyzer test during a DUI stop. Refusing a breathalyzer in Washington has

several penalties, many of which can make your legal situation worse.

1.  License Suspension

One of the biggest consequences of refusing a breathalyzer is the automatic suspension of your driver’s license. The Washington Department of Licensing (DOL) will suspend your license for at least one year—even if you’re not convicted of a DUI. You only have 20 days to request a hearing to fight this suspension, and if you miss this window, the suspension becomes final.

2.  Harsher Legal Penalties

Refusing a breathalyzer doesn’t mean you won’t face DUI charges. In fact, prosecutors can use your refusal as evidence against you in court, arguing that you refused because you knew you were over the legal limit. Courts often view refusal as a sign of guilt, which can lead to:

• Increased fines
• Longer jail sentences
• Stricter probation conditions
• Mandatory ignition interlock devices

3.  Impact on Your Record

Refusing a breathalyzer will show up on your driving record, which could hurt you in the long run. Insurance companies may raise your rates, and employers who require a clean driving record may see this as a red flag.

Is Refusing a Breathalyzer Ever Optional?

Washington law allows you to refuse roadside preliminary breath tests (PBTs), which are often given before an arrest. However, once you’re taken into custody, you will be offered a

breathalyzer in the station. If you refuse the breathalyzer test after being arrested, police can get a warrant to have your blood drawn.

What Should You Do During a DUI Stop?

If you’re pulled over on suspicion of a DUI, it’s important to stay calm and handle the situation carefully. Here are a few tips:

1.  Stay Polite and Cooperative 

Even though you’re not required to answer incriminating questions, being rude or uncooperative can worsen the situation. Be respectful while providing your license, registration, and proof of insurance.

2.  Know Your Rights 

You have the right to remain silent, so you don’t have to answer questions about where you’ve been or how much you’ve had to drink. Politely decline to answer these questions.

3.  Think Before Refusing a Breathalyzer

Refusing a breathalyzer might seem like a way to protect yourself, but it usually causes more problems than it solves. While every situation is different, understanding the penalties can help you weigh your options more clearly.

Legal Defenses for Breathalyzer Refusal

If you refused a breathalyzer, all hope isn’t lost. An experienced DUI lawyer can explore several defenses, such as:

• Challenging the Stop: If the officer didn’t have a valid reason to pull you over, any evidence collected during the stop might be thrown out.
• Questioning Procedures: If the officer didn’t follow proper procedures or violated your rights, your lawyer can argue for the refusal to be dismissed.
• Medical Defenses: Certain medical conditions can affect breath test results or make it difficult to provide a Your lawyer can present evidence of these issues in your defense.

How Bugbee Law Can Help

Facing DUI charges in Washington is overwhelming, especially if you refused a breathalyzer. At Bugbee Law, we have years of experience defending clients in Spokane and know how to

navigate the complexities of DUI cases. We’ll review your case in detail, look for potential defenses, and fight to reduce the impact on your life.

If you’ve been charged with a DUI or are dealing with the consequences of refusing a

breathalyzer, contact us for a consultation. Together, we’ll work toward the best possible outcome for your case.

The Bottom Line

Refusing a breathalyzer test during a DUI stop in Washington may seem like a way to protect yourself, but it can lead to harsher penalties and more challenges in court. Knowing the implications of Washington’s implied consent law and understanding your rights can help you make better decisions.

If you’re facing DUI charges, don’t wait—reach out to Bugbee Law for legal guidance and support.