Navigating Washington’s complex DUI laws requires a keen understanding of RCW 46.20.308, the Implied Consent Statute. This statute outlines Washington drivers’ responsibilities regarding breath alcohol testing upon DUI arrest, shaping crucial aspects of legal strategy and defense.
What Is RCW 46.20.308?
Washington State’s Implied Consent Statute, codified under RCW 46.20.308, is a critical component of the state’s DUI laws. This statute outlines drivers’ obligations regarding breath alcohol testing when arrested for Driving Under the Influence (DUI). Skilled DUI defense attorneys must understand this statute thoroughly to provide effective legal representation for our clients facing DUI charges. (Hint: we do.)
For a free legal consultation, call 253 238 2558
Key Points to Note
Here are a few key points that factor into every DUI arrestee’s decision on whether or not to submit to breath alcohol testing.
Implied Consent
By obtaining a driver’s license in Washington State, drivers implicitly consent to breath alcohol testing if they are arrested for DUI. In other words, the driver essentially “consents” to a future breath test if arrested for DUI by obtaining and accepting a Washington state driver’s license.
Types of Tests
The statute permits two types of evidentiary testing: breath and blood tests. Depending on the circumstances, the arresting officer determines which test applies.
For instance, if the arrested driver is injured and unable to submit to a breath test, if they have (in the officer’s opinion) refused the breath test, or if they are under suspicion of a felony-level DUI. Although the driver is obligated to perform the evidentiary breath test on request, the driver may request additional tests at their own expense.
Consequences of Refusal
Refusing to submit to an evidentiary breath test can also result in additional consequences.
Administrative Penalties
A DUI arrestee who refuses the breath test can face administrative penalties, including license suspension or revocation and high-risk (SR-22) insurance requirements.
Search Warrant
Refusal to submit to a breath test can serve as the basis for the officer to seek a search warrant, allowing the officer to draw the driver’s blood without their consent.
Evidence of Guilt
Refusing to submit to a breath test may be used against a driver in criminal proceedings, including trial.
Your Rights Under RCW 46.20.308
As a driver in Washington State, it’s essential to understand your rights under RCW 46.20.308 when facing prosecution for a DUI. While implied consent requires cooperation with breath alcohol testing, drivers still maintain certain rights protected by law. Here’s what you need to know:
Right to Legal Consultation
You have the right to consult with a DUI defense attorney before deciding whether to submit to breath alcohol testing. Legal representation is essential to understand your rights and navigate the legal process effectively.
Right to Refusal
While implied consent mandates cooperation with testing, you can refuse to test. As indicated previously, however, refusal comes with consequences, including administrative penalties, potential use to support a request for a search warrant for blood, and possible use against you in criminal proceedings.
Right to Challenge Testing Procedures
If you undergo breath alcohol testing, you have the right to challenge the validity of the test results. Experienced DUI defense attorneys can analyze testing procedures, equipment calibration, service history, and other factors to build a strong defense on your behalf.
Click to contact our personal injury lawyers today
Protect Your Rights
As you navigate the legal landscape of DUI charges in Washington State, having a knowledgeable advocate is crucial. Here’s how NextLaw can support you:
Seek Legal Guidance
If you’re facing charges or undergoing an investigation, you need an attorney skilled and experienced in that specific area of the law. NextLaw’s defense attorneys are former prosecutors with decades of experience handling DUI cases.
Contact NextLaw to schedule a consultation with one of our team members. They will protect your rights and fight diligently for the best possible outcome in your case.
Understand the Consequences
Before making any decisions regarding breath alcohol testing, understand the potential consequences of refusal. Our DUI attorneys can provide comprehensive legal advice tailored to your specific situation.
Complete a Free Case Evaluation form now
Don’t Face DUI Charges Alone
Navigating the legal complexities of DUI charges can be intimidating – but you don’t have to face them alone. Trust the experienced DUI defense team at NextLaw to provide aggressive representation and fight for your rights every step of the way.
By understanding Washington’s Implied Consent Statute and exercising your rights under the guidance of our experienced and skilled DUI attorneys, you can navigate your DUI charge with confidence and work toward a favorable outcome. Contact NextLaw today to discuss your case and explore your legal options.
Call or text 253 238 2558 or complete a Free Case Evaluation form