Implied Consent and Other Unique Aspects of Washington State's DUI Law. RCW 46.20.308

Washington State has some of the strictest and most unique DUI laws in the United States. One of the most interesting aspects of these laws is the concept of "implied consent."

Under Washington State's implied consent law, if a driver is arrested for DUI and they refuse to take a breath or blood test, they automatically face additional penalties such as longer driver's license suspension. This means that by simply operating a motor vehicle on the state's roads, drivers are deemed to have given their consent to be tested for alcohol or drugs if they are suspected of driving under the influence.

The state's implied consent law is designed to deter drivers from refusing to take a breath or blood test when they are arrested for DUI. If a driver refuses to take a test, it is assumed that they are trying to avoid being convicted of DUI, and therefore, additional penalties are imposed as a deterrent.

Another interesting aspect of Washington State's DUI laws is its "per se" law. A per se law makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. This means that even if a driver is not visibly impaired, they can still be arrested and charged with DUI if their BAC is above the legal limit. This is in contrast to other states where the prosecutor must prove that the driver's ability to drive was actually impaired by alcohol or drugs.

This per se law is based on the idea that any amount of alcohol can impair a person's ability to drive, and therefore, it is illegal to drive with any amount of alcohol in your system above a certain limit. This law is more strict than many other state's laws and make it easier for law enforcement to arrest and prosecute DUI offenders.

Additionally, Washington State also has a zero-tolerance law for drivers under the age of 21, which means that drivers under 21 can be arrested for DUI if they have any amount of alcohol in their system. This law is meant to deter young drivers from drinking and driving, as it is well-known that young drivers are more likely to be involved in alcohol-related crashes.

Another unique aspect of Washington State's DUI laws is the use of ignition interlock devices (IID). An IID is a device that is installed in a vehicle and requires the driver to blow into it before starting the car. If the device detects alcohol on the driver's breath, the car will not start. IIDs are often required for drivers who have been convicted of DUI as a condition of having their driver's license reinstated. This is a strict measure to prevent repeat offenders.

In summary, Washington State has some of the strictest and most unique DUI laws in the United States. The state's implied consent and per se laws, zero-tolerance law for drivers under 21 and the use of ignition interlock devices, are all meant to deter drivers from drinking and driving and to make the roads safer for all. But that does not mean that you should be convicted. Contact our office for an Elite DUI Defense Attorney team.