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Understanding Implied Consent and the Consequences of Refusing a Breath or Blood Test
Under RCW 46.20.308, any individual who operates a motor vehicle in Washington is considered to have given consent to chemical testing if law enforcement suspects impairment. Refusing to comply with testing can lead to administrative penalties through the Department of Licensing (DOL), and the refusal itself can be introduced as evidence in a criminal trial.
Implied Consent and License Suspension
The law firm explains that a driver who refuses a breath or blood test may face consequential administrative consequences.
These include:
◉ A one-year license suspension for a first-time refusal
◉ A two-year suspension for a second refusal within seven years
◉ A three-year suspension for a third refusal
Additionally, those who refuse testing may be required to install an ignition interlock device (IID). The IID requirement is typically one year for a first refusal and five years for repeat offenses.
Refusal May Be Used as Evidence
Prosecutors in Washington are permitted to argue that a driver’s refusal indicates an awareness of guilt. This can be presented to the jury and may influence both the trial outcome and the severity of sentencing if the individual is convicted.
When Refusal Might Be Considered Strategically
While refusal usually presents more challenges than benefits, there are specific situations where it may be used strategically as part of a legal defense.
These include:
◉ High blood alcohol content (BAC): If a test would show a significantly elevated BAC, the absence of test results may weaken the prosecution’s case.
◉ Lack of probable cause: If the stop or arrest lacked legal justification, refusal may prevent the collection of additional evidence.
◉ Delayed warrant for a blood test: If law enforcement is unable to obtain a warrant in a timely manner, refusal could limit the state’s ability to proceed.
Defense Strategies for DUI Refusal Cases
Snohomish Law Group notes that even after a refusal, viable legal defenses remain. These may include:
◉ Challenging the legality of the traffic stop
◉ Demonstrating failure by law enforcement to follow required procedures, such as properly explaining the consequences of refusal
◉ Identifying medical or technical issues that affected the driver’s ability to comply or the reliability of testing equipment
Drivers Have Seven Days to Act
Individuals who refuse a DUI test have only seven days from the date of arrest to request a DOL hearing to contest the license suspension. Representation by a DUI attorney during this administrative process can be critical in protecting driving privileges and shaping the overall defense.
About Snohomish Law Group
Snohomish Law Group, led by attorney Scott Lawrence, represents individuals facing DUI and other criminal charges across Snohomish County and surrounding areas.
The firm provides strategic guidance for both administrative and court proceedings, with a focus on protecting clients’ rights under Washington law.
Media Contact:
Snohomish Law Group
Contact: Scott Lawrence
Phone: 425-414-8170
Email: [email protected]
Website: https://snohomishlawgroup.com
Snohomish Law Group
Snohomish Law Group
+1 425-414-8170
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