In Washington State, DUI penalties are enhanced for drivers who refuse to take a breath test at the police station. Under the Implied Consent Law, a person who drives within WA State is considered to have consented to a blood or breathalyzer test if he or she is arrested for DUI.
The intent of the statute is that the breath or blood test will be administered, unless the person explicitly refuses. The purpose of the law is to discourage individuals from driving under the influence and to remove the driving privileges of those who do.
Penalties for Refusing the Breath Test
In Washington State, DUI is a criminal traffic offense. This means that a conviction will go on your criminal record as well as your driving record. The charge is a gross misdemeanor that can result in the following consequences:
- License Suspension
- $5000 fine
- Alcohol/Drug treatment requirements
- Jail time of up to 364 days
- Ignition interlock requirement
- Probation
- High Risk Insurance
The following is an example of how penalties differ for those who take the breathalyzer test and for those who refuse to take the breath test:
First offense:
| Breath/Blood Test | Under .15 | Over .15 | Refusal |
| License Suspension | 90 days | 1 year | 2 years |
| Mandatory Jail Time | 1 day | 2 days | 2 days |
Second Offense:
| Breath/Blood Test | Under .15 | Over .15 | Refusal |
| License Suspension | 2 years | 900 days | 3 years |
| Mandatory Jail Time | 30 days | 45 days | 45 days |
Third Offense:
| Breath/Blood Test | Under .15 | Over .15 | Refusal |
| License Suspension | 3 years | 4 years | 4 years |
| Mandatory Jail Time | 90 days | 120 days | 120 days |
Criminal & DOL Case
If you are arrested for DUI, there will be two cases against you: One with the court and one with the WA State Department of Licensing. Both cases are independent of each other, which means that even if your case is dismissed in court, you could still lose your driver’s license, and vice versa.
You must request a DOL hearing within 20 days; otherwise your license suspension will go into effect automatically. An experienced attorney can handle both the DOL hearing and the criminal court case.
How do I Know if I Have a Prior Offense?
An offense is considered to be a “prior offense” for sentencing purposes if it occurred within the last 7 years. The prior offense could be:
- DUI
- Physical Control
- Vehicular Homicide
- Vehicular Assault
- Negligent Driving (if originally charged as DUI)
- Reckless Driving (if originally charged as DUI)
- Reckless Endangerment (if originally charged as DUI)
- A deferred prosecution that was successfully or not successfully completed
Defending DUI Refusals
In order to prove a DUI refusal charge, the prosecutor will need to prove that your driving was affected by your level of impairment, since there is not a breath test entered into evidence. Your lawyer can raise arguments in regards to why you may have refused (such as confusion or a medical issue) or your lawyer can argue that there is insufficient evidence to prove impairment, depending on the facts of your case.
At Beckwith DUI Law, we have a proven track record for successfully defending clients accused of all types of DUI. The facts of your case, your criminal history, your driving record, and the court where your charges are filed will all have an impact on your result. We defend DUI refusals in the Greater Seattle, Tacoma, and Olympia areas and offer a free consultation.
