When you get behind the wheel in Washington, you’re not just agreeing to follow traffic laws—you’re also agreeing to something called "implied consent." Whether you realize it or not, implied consent plays a major role in DUI enforcement. In essence, when you drive in Washington, you automatically agree to comply with sobriety testing when suspected of driving under the influence.

But how does implied consent really work, and can you refuse to take a breath or blood test when you’re pulled over for drunk driving?  

What is Implied Consent?

Implied consent means that by operating a vehicle in Washington, you automatically agree to submit to a chemical test—such as a breath test—if law enforcement suspects you are impaired. This is based on Washington law (RCW 46.61.506).

The purpose of implied consent is simple: to prevent drivers from avoiding DUI investigations by refusing to cooperate. Refusal to take a test when legally required can trigger serious consequences, even if you’re ultimately not convicted of a DUI.

How Implied Consent in Washington Applies

If an officer pulls you over and has reasonable grounds to believe you’re under the influence, they can request a breath test. Before proceeding, the arresting officer must explain your rights and the potential penalties, including:

- Refusal Penalties: A minimum one-year license suspension if you decline the test.

- Test Failures: License suspension for at least 90 days if you fail the test.

- Criminal Implications: Refusing the test could be used as evidence against you in court.

It’s important to note that implied consent laws apply to breath tests. Field sobriety tests and blood tests can still be declined without facing implied consent penalties.

Refusal and Penalties

At first, it might seem simple. Just decline to take a breath test when you’re pulled over for drunk driving. After all, if you refuse the test, they can’t prove you were drunk, right? 

Wrong! Under Washington law, refusal to take a breath test can be introduced in court as evidence of guilt. Prosecutors often argue that refusing the test implies you were trying to hide intoxication. Even without a breath test, prosecutors can rely on other evidence, such as:

- Officer observations (slurred speech, bloodshot eyes, unsteady movements).

- Results from field sobriety tests.

- Witness testimony or dashcam footage.

In fact, declining to take a breath test after being informed of your rights can lead to significant and sometimes harsher penalties. Here’s a snapshot:

- License Suspension: Refusing a test results in an automatic one-year suspension.

- Administrative Suspension: If you fail or refuse, your license suspension begins immediately—separate from any court-imposed penalties.

- Higher Insurance Rates: A DUI conviction or implied consent violation can dramatically increase car insurance premiums. Drivers are typically required to file an SR-22 certificate, a form of high-risk insurance, which can add hundreds of dollars to annual costs for up to three years or more.

To challenge the administrative suspension, you must request a hearing with the Department of Licensing within 20 days of your arrest. There’s a $375 filing fee, and at the hearing, you can only contest certain elements, such as whether the officer followed proper procedure or had reasonable grounds for the stop.

Contact Our Seattle DUI Defense Attorneys Today

If you’ve been arrested for DUI in Seattle, time is critical. You have just 20 days to challenge an automatic license suspension. A skilled Seattle criminal defense attorney at Lewis & Laws can help you file the necessary paperwork, represent you at the hearing, and explore options like a temporary license with an ignition interlock device.

At Lewis & Laws, we offer aggressive legal assistance to individuals from Seattle, Bellevue, Everett, and Washington State. Contact us today to explore your legal options. Protect your future and call us today!