Washington State Breath Test

If you have recently been pulled over for driving under the influence (DUI) in Washington State, you were probably asked to take a breath test. It is important that you think carefully before making this decision.

While you do have the right to politely decline to take a breath or blood test, it may not be the right decision to make. In Washington, the penalties for refusing to take a test can be more severe than if you actually had taken it and had a blood alcohol content (BAC) over the legal limit.

When you are pulled over for DUI, you face an automatic administrative license suspension. If your breath test was above the legal limit, your license will be suspended by the Department of Licensing for 3 months. However, if you refuse to take a breath test, your license will be suspended for one year – even if this is your first offense.

If you refuse to take the breath test, you will be unable to apply for and/or receive a temporary restricted license until 90 days of your license revocation have passed. However, if you take the test and fail, you are eligible to receive this temporary restricted license after 30 days of your driver’s license suspension.

Additionally, if you refused to take the breath test, you lose the chance to avoid the administrative license suspension altogether. On the other hand, if you took the test and failed, you have the benefit of a deferred prosecution. This means that the suspension may be “stayed” or stopped – a benefit unavailable for breath test refusals.

A breath test refusal also brings tougher penalties in criminal court. In Washington, you will face a longer jail sentence, a longer driver’s license suspension, and higher fines than a driver who took the breath or blood test.

If you are faced with the decision to take a breath test or to refuse, it is a wise decision to speak to a qualified DUI defense attorney first. An experienced attorney can help you weigh the pros and the cons in your situation.

If you have any questions about breath tests in Washington State, please contact our law firm today.