Washington State Implied Consent
Did you know that if you are pulled over on suspicion of driving under the influence (DUI) and refuse to take a blood, breath, or urine test, you may lose your driving privileges in Washington State? Your driver's license may be suspended because of Implied Consent laws.
What does Implied Consent mean?
When you applied to get your driver's license, you were asked to sign several papers. The small print stated that you agree to take a breath test when under arrest for drunk driving and, if you refuse, your license will be taken away.
In Washington, the penalties for refusing to take the breath test are more serious than if you took the breath test and failed. Your driver's license will be revoked for two years for a first-time refusal, three years for a second refusal within seven years, and four years for a third refusal within seven years. In addition to the driver's license revocation, you may face a longer mandatory minimum jail sentence.
Whether you took the breath test and failed or refused to take it, you have a very limited time frame in which to request a hearing from the Department of Licensing. If you do not request a hearing within this time, your license will be suspended or revoked on the 60th day after your arrest. This license suspension is separate from any suspension that may be ordered in criminal court.
If you were pulled over and refused to take a breath test, there is still hope. For example, the police officer must read you the Implied Consent rights before asking you to take test. Failure to do so may make your refusal inadmissible in court.
DUI is a very complex field of law. Hire an experienced defense attorney who knows Washington's DUI laws inside and out. Contact Callahan Law today to discuss your case.
