Can You Refuse Testing or a Breathalyzer During a DUI in Washington?
In many cases in which a person is arrested due to suspicion of DUI, the arresting officer will ask the person to submit to a blood or breath test. If the person refuses to undergo chemical testing after he or she is arrested, evidence of the refusal can be submitted at trial to establish the defendant’s guilt.
Should You Refuse a Breathalyzer or Field Sobriety Test?
It’s a complex decision that depends on many factors. Refusing a test can lead to immediate administrative penalties and might be used against you in court, but in some cases, it could potentially weaken the prosecution’s case if they have less evidence of impairment. It’s a decision that should be made with an understanding of the legal implications, and consulting with a DUI attorney as soon as possible after a stop can provide guidance. A public defender is on call 24/7 to answer these types of questions. I recommend asking for an attorney as soon as the officer and/or trooper tells you that you are not free to go. In general, it is better to perform the tests. The proper administration of both the BAC, a warrant for a blood draw or the instructions and demonstrations of the field sobriety tests can all be challenged by your lawyer. Potentially, the evidence can be suppressed or at least called into doubt. However, a refusal to provide the tests, samples, etc leaves very little room for legal manuevering. The jury will just hear that you refused and be instructed that can be used to reasonably infer that you were hiding the fact that you knew that you would not pass. Having asked for a lawyer gives a good response. I was just following the advice of my attorney. Or, if one is not provided, that you refused because you did not know what to do since you wanted a lawyer’s advice but weren’t provided an attorney.
Refusal of a Preliminary Breath Test
You can legally refuse these tests, but it’s important to understand the consequences. Washington’s “Implied Consent” law means that by driving, you’ve implicitly agreed to submit to these tests if suspected of DUI. Refusal can lead to immediate penalties.
Your Right to Refuse a Breathalyzer or Breath Test in Washington
Under Washington law, if a person has a constitutional right to refuse a search, evidence of the refusal cannot be admitted during trial, because it violates the Fourth Amendment. Specifically, it punishes the person for lawfully exercising his or her right to be free from unreasonable search and seizure.
As recently explained by a Washington Court of Appeals, a defendant has a constitutional right to refuse to submit to a breath test prior to an arrest, and evidence of such refusal is not admissible at trial. If you are a resident of Washington and are charged with DUI, it is important to speak with a knowledgeable Washington DUI defense attorney regarding your rights.
Facts and Procedure of the Case
It is alleged that the defendant was stopped for driving five miles over the speed limit and for failing to use a turn signal before changing lanes. When the police officer approached the defendant’s vehicle, he did not observe any signs of intoxication. He ran the defendant’s registration and learned that there was a warrant for her arrest. He arrested the defendant on her outstanding warrant, and then noted an odor of alcohol on the defendant, and that the defendant’s eyes were slightly bloodshot and her eyelids were slightly droopy.
Reportedly, the officer transported the defendant to jail, where he asked her to submit to a preliminary breath test, a tool he uses to establish probable cause. The defendant refused to take the test or to undergo field sobriety testing. She was charged with DUI. Prior to trial, she filed a motion to preclude evidence of her refusal to submit to the preliminary breath test, which the court denied. Evidence of her refusal was introduced at trial, and the defendant was convicted. She appealed, arguing that evidence of her refusal was improperly admitted.
What Happens if You Refuse the Breathalyzer Test?
Refusing the breathalyzer test can lead to an automatic driver’s license suspension for at least one year, regardless of the outcome of your DUI charge. This is separate from any penalties you might face if convicted of DUI.
Besides the license suspension, refusal to take the breathalyzer test can also be used against you in court as evidence of your guilt. Additionally, you might face higher fines and longer jail time if convicted.
Can Police Force You to Take a Breathalyzer or Blood Test?
If you refuse a breathalyzer, the police may obtain a warrant for a blood test, which is much harder to refuse. Compliance at that point becomes legally compulsory.
Can You Refuse Field or Roadside Sobriety Tests?
While the consequences for refusing field sobriety tests are generally less severe than refusing a breathalyzer, refusal can still be used as evidence in court. The officer may also base their decision to arrest you on other observations that suggest impairment.