Refusing to take the BAC Test

Washington has something called an "Implied Consent" law.  This means that by driving on the roadways of Washington State, you are agreeing to provide a Breath Sample if lawfully requested by a law enforcement officer who has probable cause to believe you have been drinking and driving.  Failure to take the BAC test can lead to a 1 year (sometimes longer) administrative suspension of your privilege to drive.  It can also increase the mandatory penalties if you are subsequently convicted of DUI in the same incident.

Law enforcement uses two types of breath tests.  First, is the Portable Breath Test (sometimes referred to as a Preliminary Breath Test).  This device is small, about the size of a pack of cigarettes, and is generally given out at the location of the traffic stop.  You are not required to take this test.  If you do take it, the results can only be used to establish Probable Cause for your arrest - they cannot be used against you as substantive evidence at trial to show that you were above the legal limit.  Second, the BAC Datamaster Verifier breath testing machine.  This device is much larger and is generally give at the station.  If you refuse to take this test, then you face possible license suspension and increased penalties in the event of a DUI conviction.