Can I be convicted of a DWI if I refuse to take a Breathalyzer or other chemical test?

Yes, you can be convicted of a DWI in Washington if you refuse to take a Breathalyzer or other chemical test. According to Washington DWI law, if you are arrested for driving under the influence (DUI) of alcohol or drugs, you automatically consent to a chemical test of your breath, blood, or urine. Refusing to take any of these tests results in an automatic one-year license suspension for a first offense and two-year suspension for a second offense. Additionally, refusing a Breathalyzer or other chemical test will be used as evidence in court. The prosecutor can introduce the fact that you refused the test as evidence of the likelihood that you were driving under the influence. This can lead to a conviction of a DWI even without other evidence. Refusing chemical tests can also be used as an aggravating factor in sentencing. In Washington, a conviction of a DWI carries serious penalties, including hefty fines, mandatory community service, suspension or revocation of your license, and possibly even jail time. If the judge believes that you are more likely to be guilty due to your refusal of a chemical test, they can extend these penalties. In summary, it is possible to be convicted of a DWI in Washington without taking a Breathalyzer or other chemical test. Refusing the chemical test could be used as evidence of guilt, which could lead to a conviction, and can be used as an aggravating factor to increase the penalties of your DWI conviction.

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