DUI Attorney - Refusal of a Breath Test

Defending clients in the Olympia, Tacoma, and Pierce County areas

DUI breath testing is a way of indirectly assessing the person’s blood alcohol level (BAL) or blood alcohol content (BAC). The legal blood alcohol limit in Washington State is 0.08%.

If you’re stopped on suspicion of DUI

There’ll be two occasions on which you’ll be asked to take a breath test.

• The PBT (Portable Breath Test) roadside test, at the time you’re stopped, which is optional
• The test done at the police station, which is mandatory. Refusal results in revocation of your license for at least one year.

The roadside DUI breath test

This is also called the Preliminary Alcohol Screening (PAS) test. The officer does this with a little hand-held device about the size of a packet of cigarettes. The purpose is to help him decide whether a DUI arrest is needed. The results are not admissible in court.

The officer is supposed to tell you that blowing into the PAS device is optional, but this is not always done. And they must wait for 15 minutes if you indicate you recently consumed alcohol.

The police station test

Since 1985, Washington State has been using the BAC Verifier DataMaster II for breath testing. The State Patrol has found it to be reliable and four major decisions of the State Supreme Court have affirmed its integrity.

Washington State also has an Implied Consent Law, which states that if you drive in Washington, you have agreed to take the breath test, and if you refuse to take it, your license will be suspended or revoked for at least one year.

The results of the DataMaster DUI breath test are admissible in court. If you refuse to take this test, your license will be revoked for at least a year.

There are regulations governing the use of the DataMaster and proper procedures which must be followed. Proper maintenance must be done on the machine. A good DUI attorney can discover whether these were all observed, which may help your case a great deal.

If you refuse to take the police station breath test

Before taking this test, ask to speak to an attorney.

• If you go ahead and take this test and fail it, you’ll be arrested. In that case, ask immediately to speak to an attorney.
• If you refuse to take this test, there’ll be severe consequences. You’ll still be prosecuted for the DUI. In addition,
• Your license can be suspended for a year or longer, depending on your driving record, even if you’re found later to be innocent of DUI.
• Your refusal will increase the mandatory minimum sentence the judge will have to impose should you be found guilty of DUI. That will mean more jail time, higher fines, and longer license suspension.
• For at least a year an ignition interlock device will be required on the vehicle you drive.
• For 3 years after your license is reinstated, you’ll have to carry high-risk insurance.
• Because the law regarding taking or not taking the breath test is complicated you’d be wise to contact a defense and DUI attorney right away.

Miranda Rights

An arrested person has the right to talk to an attorney not just to find out whether or not to answer questions, but for any purpose. So in a DUI case, this means you can talk to an attorney about whether to take a breath test, as well as about other things.

At the Lane Law Firm, we offer you a free case evaluation. You will get the help you need, 24 hours a day 7 days a week. Our DUI attorney will start working on your case the moment we represent you.

Our unique process gives you immediate and unlimited access to a representative from the firm who will work with you in developing a proactive strategy to help you avoid jail and defeat the charges against you.

You need an aggressive, experienced DUI attorney working for you now. Find out more about our Criminal Cases, and the Lane Law Firm Criminal Process. Contact Us today!

Click Here for a FREE CONSULTATION !