There is much debate surrounding the DUI testing options that people have when being pulled over for suspicion of driving under the influence of alcohol or drugs. Can and should you refuse a breath test? Are you able to opt for a blood test instead? What are the costs and benefits of each option? The following is an outline of the consequences and advantages of refusal to participate in a chemical test.
There are many reasons that suspected drunk drivers may want to refuse to take a breath test. They may be under the impression that if they don’t take a test, zero evidence will be stacked against them in court. They may mistakenly believe that if they refuse the breath test they will be given a blood test in its place. They might distrust the accuracy of the mechanism or be wary of the officer performing the test. In other scenarios, the person in question may not have actually refused, but have had a panic attack or other physical condition that made them unable to blow enough air into the machine. For all these reasons, refusal to participate in a chemical test has become a frequently discussed topic. Although people often say no to these tests for decent reasons, it is important to know how this decision would affect you in a court of law.
In almost all cases you do have the right to politely decline a breath or blood test (there is an exception if the suspect is involved in an accident where someone was seriously injured or killed.) However, refusal to take the test by-and-large creates more legal problems than it solves. Firstly, it is imperative that you have an understanding of when and why blood tests are used. If you refuse a breath test you will not automatically be given a blood test in its place; instead, your refusal will be noted and you will likely suffer the expected penalties. A blood test will be given only if you are unconscious, receiving treatment in a medical facility, or if the officer suspects that you are under the influence of drugs. In breath test refusal cases in Washington there is an automatic license revocation for at least one year. As soon as you refuse the test, the officer must give you notice of the state’s intent to suspend your license, as well information about how to request a hearing to challenge the suspension. If you opt for a hearing, you must pay a $200 fee within 20 days simply to make the request.
The minimum jail time for breathalyzer refusal is 2 days for a first conviction, 45 days plus 90 days house arrest for a second conviction, and 120 days plus 150 days house arrest for a third or fourth conviction. The minimum fine for a first offense breathalyzer refusal is $500, however once additional costs and assessments are factored in the minimal amount is brought to $1,195.50. The maximum time that a judge can set for breathalyzer refusal is 364 days in jail. The maximum fine is $5,000, which is brought to $8,845.50 after additional costs and assessments.
Beyond the initial fines and penalties for breathalyzer refusal, comes the DUI case. In many cases, the refusal will be a hindrance to a case because a judge or jury will see it as a cover-up, or an implicit admission of guilt. A breath test refusal results in tougher penalties in Washington. If convicted, it comes with a longer jail sentence and higher fines than a DUI charge for someone who chose to take the test.
If you are unclear about whether to take or refuse a breath test if the situation were to present itself, a Bellevue DUI attorney can clear up any confusion and help assess the situation.