Spokane, WA asked in DUI / DWI for Washington

Q: Am I required by law to submit to a breathalyzer test if I'm pulled over for suspected drunk driving or can I refuse

without consequences?

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1 Lawyer Answer
Jason Powers
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  • DUI & DWI Lawyer
  • Mt Vernon, WA
  • Licensed in Washington

A: You can refuse to take the Preliminary Breath Test (which is done on the scene) and the BAC test back at the station. There are consequences to refusing both. If you refuse the first test, the prosecutor will try and argue the refusal was due to wanting to hide a positive alcohol reading. The second test, at the station, will likely have consequences too. Once, the state can argue that a refusal is due to consciousness of guilt - you refused because you knew you would blow over a .08. A refusal on this machine will also cause the Department of Licensing to attempt to suspend your license for a year. So, you can refuse but there may be consequences.

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