Breath Test During a DUI Arrest

The worst has happened. You were driving home after a few drinks with friends and all of a sudden you saw the flashing lights of a cop car behind you. You weren't sure what to do (you don't have any Seattle DUI attorney friends to bounce ideas off of) so you did your best. But you still ended up getting arrested and hauled off to the station. And now the cop has read you some information and is asking if you'll consent to a breath test. What do you do?

First things, first, this isn't the end of the world. You aren't the first person arrested for DUI and you won't be the last. But this is an important decision, and you should make it wisely. Because, as the cop told you, if you refuse to take the breath test in Seattle you are subject to an automatic one year driver's license suspension, the refusal can be used against you in court, and it increases the minimum jail time from one day to two days. So you want to make an informed decision.

If you are in this position, there is one saving grace. You have the right to speak to a Seattle DUI attorney before you decide if you are going to take the breath test or not. All you have to do is tell the cop you want to talk to a lawyer and they'll make it happen. They'll probably put you on with a public defender, but that is okay. You just need someone to talk to (to kill some time before the test) that can listen to your situation and help you make an informed decision.

Most of the time the decision is going to be to take the test. There are a couple of reasons for this. First, the test isn't foolproof. There are ways to minimize the impacts of the test. Second, if you refuse you have the increased penalties. And third, if you refuse, it is possible that the cops will get a warrant for a sample of your blood and determine your BAC anyway. That means it is possible that you could have the penalties of a refusal and still have evidence of your BAC against you!

In the end, the best choice is usually to take the test. But make sure you talk to a DUI lawyer first. They can give you advice on what to do, kill some time before the test is taken, and sometimes be a witness for your sobriety.