Washington State Breath Test Refusal
The legal blood alcohol limit for drivers over the age of 21 in Washington State is 0.08 percent. While there are three different tests used to determine a driver’s BAC, the most common in this state is the breath test.
If you are pulled over on suspicion of driving under the influence, you will be asked to take a breath test on two separate occasions.
The Portable Breath Test (or PBT) is the first test the officer will ask you to take. This test, also known as the Preliminary Alcohol Screening test, is optional. To administer the PBT, the police officer will ask you to blow into a hand-held device that is the same size as a deck of playing cards. The officer uses this test to determine if a DUI arrest should be made; the results may not be used in court.
The officer should tell you that this preliminary test is optional, but sadly that is not always the case. The officer must also wait 15 minutes to administer the test if you tell him or her that you have recently ingested alcohol.
The second breath test you are asked to take is mandatory. In order to take this test, you will be transported to the police station. The DataMaster II is used in Washington State to determine BAC.
If you refuse to take this breath test, your driver’s license will be revoked. For a first-time refusal, your license will be revoked for at least one year by the Department of Licensing. Washington’s Implied Consent law states that if you receive a driver’s license, you agree to comply with an officer’s request to take a breath test.
In addition to the license revocation, you may receive a higher mandatory minimum jail sentence, have to install an ignition interlock device on your vehicle, and obtain high-risk automobile insurance.
Before you take the breath test, the officer must read your Implied Consent rights. If your rights were not read, please let your DUI defense lawyer know.
If you are interested in discussing your case with a Washington DUI defense attorney, please contact Callahan Law now.
