What Are the Implications of Refusing a Breathalyzer Test After a DUI Arrest?

What Happens If I Refuse a Breathalyzer Test After a DUI arrest?

In Tacoma, Washington, and the rest of the state, refusing a breathalyzer test after a DUI arrest can have serious implications. Washington enforces an “implied consent” law, indicating that by operating a vehicle on its roads, you have implicitly agreed to undergo a breathalyzer test if law enforcement arrests you for DUI or Physical Control.

If you refuse to take the evidential breath test, you could face immediate penalties. The Department of Licensing (DOL) may revoke your driver’s license for at least one year. This is an administrative penalty, separate from any criminal charges you might face in court.

What Could Happen If I Refuse the Breathalyzer Test?

If you decline to take the breathalyzer test after you’ve been arrested for DUI or Physical Control the officer can choose to either proceed with your refusal as evidence or they can obtain a search warrant to get a sample of your blood. Under the authority of a valid search warrant law enforcement has every legal right to obtain a sample of your blood even if you do not consent to the blood draw. This blood draw can occur at a police station or hospital.

Having both a refusal of the breath test and a toxicology report of your blood, prosecutor’s can choose to charge you under either a refusal or with the results of the blood test, which can subject you to higher penalties. In addition, the DOL can choose to take action against your license on either the refusal or the blood test.

What Are the Penalties for Refusing a Breathalyzer Test?

In Washington State, the penalties for refusing a breathalyzer test are severe. As mentioned earlier, the Department of Licensing (DOL) can revoke your driver’s license for at least one year. This is an administrative penalty that is separate from any criminal charges you might face in court.

In addition to increased license penalties, both under the DOL action and in the criminal courts, you may also be subject to higher fines, mandatory alcohol education programs, and even increased jail time. The severity of these penalties can increase if you have prior DUI convictions, “prior offense” convictions (DUI reduced to lesser charge), or if there were aggravating factors involved, such as a high blood alcohol concentration (BAC) or causing an accident while under the influence.

Can I Challenge the Suspension of My License?

Yes, you have the right to contest your license suspension or revocation. You need to request a hearing with the DOL within 7 days from the date of your arrest. If you don’t, your license will be suspended or revoked automatically.

If you refused the breath test and the officer obtained a blood draw, the DOL can take action on either the refusal or when they receive proof of the blood draw test results. It can take 9-12 months to get the blood test back and the DOL can wait to take action against you until then.

If you refused the breath test, and you want to challenge the suspension or revocation, you should always request a DOL hearing within 7 days of your arrest, just in case the DOL takes action using the alleged refusal. If you don’t you could lose the opportunity to challenge the revocation of your license.

During the hearing, you can challenge the legality of the breathalyzer test refusal. For instance, you can argue that the officer did not have probable cause to stop you or that you were not properly informed of the consequences of refusing the test.

Can Refusing a Breathalyzer Test Help My Case in Court?

Some individuals think that declining a breathalyzer test will complicate the prosecution’s efforts to establish their case in court. While it’s true that the state may lack breathalyzer evidence, this doesn’t necessarily mean you’ll have an easier time in court.

In Washington, the prosecution can argue that your refusal indicates consciousness of guilt. In other words, they can suggest that you refused the test because you knew you would be above the legal limit and were impaired. This argument can sometimes be persuasive to a judge or jury.

The officer’s observations and other evidence, such as field sobriety test results or video footage, can still be used against you. So, even without breathalyzer results, you could still be convicted of a DUI.

In addition, it is very common for officer’s to get a search warrant to obtain a sample of your blood to be tested by the State toxicologist. Thus, even if you refuse, the prosecution may still have a blood alcohol number to show the jury.

What Are the Long-Term Consequences of Refusing a Breathalyzer Test?

Refusing a breathalyzer test can have long-term consequences beyond immediate arrest or license suspension. For instance, your refusal can be used against you in future DUI cases or can alter the way a prosecutor negotiates your case.

Additionally, having a DUI conviction on your record can impact your life in many ways. It can affect your employment opportunities, increase your insurance rates, and even impact your personal relationships.

What Are the Implications for My Insurance?

Refusing a breathalyzer test and subsequently being convicted of a DUI can also have significant implications for your car insurance. Many insurance companies view DUI convictions as a sign of high risk and may increase your premiums as a result. In some cases, your insurance company may even choose to cancel your policy altogether.

After a DUI conviction, you will be required to file an SR-22 form with the DOL. This form is a proof of financial responsibility that shows you have the minimum required insurance coverage. Filing an SR-22 can be a complex process, and failing to do so can result in further license suspension.

How Can an Experienced Attorney Help If I Refused a Breathalyzer Test?

An experienced attorney can provide invaluable assistance if you’ve refused a breathalyzer test. They can help you navigate the complex legal landscape, challenge the evidence against you, and advocate for your rights in court.

For instance, your attorney can question the legality of the traffic stop or the accuracy of the field sobriety tests. They can also challenge the prosecution’s argument that your refusal indicates guilt.

An attorney can help you understand the administrative and criminal processes, ensuring you make informed decisions about your case. They can also negotiate with the prosecution for a plea deal or argue for reduced penalties.

Refusing a breathalyzer test during a DUI stop in Tacoma, Washington, can have serious implications. It can lead to immediate penalties and long-term legal consequences. If you have refused a breathalyzer test, call South Sound Law Group today at 253-465-2722 for a free consultation.