Can You Refuse a Breathalyzer?

Unlike field sobriety tests, you do not have a basic right to refuse to take a Breathalyzer test when you have been pulled over by a police officer. If you hold a Washington state driver's license and you refuse to take the Breathalyzer, your license will automatically be suspended for one year.

Attorney Kris Jensen of Jensen Legal has more than 20 years of experience representing the rights of individuals charged with a variety of crimes, including driving under the influence (DUI) of alcohol or drugs. His experience includes sitting as a judge pro tem in several courts, which provides him with insight into how other judges and lawyers approach cases involving the refusal of a Breathalyzer.

So, can you refuse a Breathalyzer? Technically, yes. However, you may face greater consequences by refusing than by taking the test and having your lawyer seek to suppress the breath test results in court.

Invoking Your Right to Remain Silent

There is a defense strategy that is newly forming within the DUI system. This strategy is exploring using your right to remain silent to avoid taking the breath test.

Consider this: You get pulled over by the police and the police officer asks you to blow into a machine to test your blood alcohol content (BAC). What you do next is pick up your phone and call your attorney, who then specifically tells you to refuse the breath test. By speaking with your lawyer, you have invoked your right to remain silent.

In general, under Washington state law, a prosecutor is allowed to inform the jury that you refused to take the test. The theory is that if you refuse to take the Breathalyzer on the advice of counsel, a good argument is raised that states the prosecutor cannot tell the jury you invoked your right to remain silent.

We will continue to keep ourselves updated on any further developments involving this particular defense strategy. If we feel it may be the right step for you to take, we will tell you as much.

Contact Us to Learn More About Breath Test Refusal Consequences in Seattle

Learn more about what may happen if you refuse a Breathalyzer test. Contact Jensen Legal today for a free initial consultation and case analysis.