What are the consequences of refusing to take a chemical test for a DWI?
In Washington, refusing to take a chemical test for a DWI can have serious consequences. This is because Washington is a state with an “Implied Consent” law, meaning that all drivers are assumed to consent to taking a chemical test if an officer has reasonable suspicion that they are driving under the influence. If a driver refuses to take the test, their license will be automatically suspended for one year, and they may face additional criminal charges. For a first-time offender, refusing to take a chemical test can lead to a suspension of the person’s driver’s license, a fine of up to $5,000, and potentially up to 364 days in jail. For a second offense, a driver’s license can be suspended for two years, and potentially up to 364 days in jail, and a $10,000 fine. For a third or more offense, the driver’s license suspension can last for three years, and the person can face up to 364 days in jail and a fine of up to $10,000. Additionally, a person who refuses to take a chemical test may face additional charges if they are later found guilty of driving under the influence. In Washington, this is known as a “Reckless Endangerment” charge which can lead to an additional 90 days in jail, an additional $1,000 fine, and may require that the person complete an Alcohol/Drug information school program. In summary, refusing to take a chemical test in Washington can have serious consequences, including a license suspension, fines, and potentially up to 364 days in jail.
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