What Really Happens If You Refuse a Breathalyzer Test in WA State?

When the subject of a roadside Breathalyzer test comes up,  there's a lot of opinions. Some people say you can refuse it, it violates your rights. Here's what really happens.

   Refusing a Breathalyzer Test Triggers a Series of Events

So the rollers in the rearview mirror flash, and you are pulled over, for suspicion of drunk driving. WA Law does allow you to refuse a roadside test, often called a PBT, or Preliminary Breath Test.  However, this will result in you being taken into custody and transported to the Police station or other law enforcement facility.

Once you arrive, you will be offered a second Breathalyzer test. If you refuse that one, then Officers can get a warrant for a blood draw. That's why sometimes in news stories you hear about a suspect having a blood draw performed for suspected marijuana use.

 What Are Consequences of Refusing a Breathalyzer?

So you refused the roadside test?  Here's what happens next.  Courts will view that as an admission of guilt. The Revised Code of Washington  states a person who refuses such a test will face the following:

• Their license, permit or driving privilege will be revoked for at least 1 year
• The test refusal can be used in a criminal trial (especially in multi-vehicle and injury or death accidents).
• There will likely be stricter probationary terms.
• You may be required to obtain an interlock, or blow and go ignition system

Over the past 3 years, the legislature has attempted to lower the Blood Alcohol Content level for DUI from .08 to .05, but it had not gotten much traction. However, this year the Senate passed Senate bill 5067, the House has yet to pass it.

Utah is the only state that has .05.  If WA ends up adopting it, Breathalyzer tests will become the subject of a lot more focus.