Can I get a DUI in Washington if I didn't get a breathalyzer test?

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Question:

Can I get a DUI in Washington if I didn't get a breathalyzer test?

Answer:

Under Washington DUI laws, anyone that operates a motor vehicle on any public roadway within the state of Washington automatically gives consent to any officer who suspects the driver of operating while under the influence of any kind of intoxicant to administer a breath, blood, or alcohol test in order to determine the level of intoxicant in the driver’s blood stream.

In the state of Washington, if you have a:

  • Blood Alcohol Content of 0.08 percent or higher
  • A 0.02% in drivers under the age of 21, or
  • A BAC of 0.04% in commercial drivers
  • you can face DUI charges. If you refuse a breathalyzer, you can opt instead for a blood test to determine your BAC. Refusal of any sort of testing results in a presumption of guilty.

For the first offense alone in the state of Washington, a driver that is convicted of DUI will be subject to jail time ranging from at least 24 hours to a full year, along with having to install an Ignition Interlock Device, to be paid in full by the driver. The best way to avoid serving a jail sentence for DUI, other than the obvious option of not drinking and driving, is to obtain a lawyer immediately upon arrest.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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