What happens if I am charged with a DUI and I refuse a breathalyzer test?

In Washington, refusing a breathalyzer test if you are charged with a DUI can very easily lead to harsher penalties. Washington is an implied consent state, meaning that if you operate a vehicle, you give implied consent to submit to chemical tests to determine blood alcohol concentration. Refusing can lead to an administrative license suspension, depending on your prior convictions, and can also be used as evidence against you in court. A first DUI charge is typically a gross misdemeanor, but refusing a breathalyzer test can lead to a more serious charge of a Class C felony, which carries jail time of a year to a maximum of five years, and a fine of up to 10,000 dollars. Additionally, your driver’s license will be suspended for at least two years with no restricted license available. The court can also order an Interlock Ignition Device to be installed in your vehicle, which requires you to blow into the device to ensure that you have not been drinking before you can start your car. Refusing a breathalyzer test will also require completion of an alcohol assessment and may or may not result in a DUI conviction. Overall, refusing a breathalyzer test in Washington can have very serious consequences, so it is highly recommended that you comply with any requests for testing. If you are facing a DUI charge, it is best to seek legal advice to ensure that your rights are fully explained and protected.

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