Can You Refuse a Breathalyzer in Washington? What Happens Next

What Is Washington’s Implied Consent Law?

Washington’s implied consent law is built into the motor vehicle code under RCW 46.20.308. The core idea is straightforward: the moment you drive on a public road in Washington, you have implicitly agreed to submit to a breath or blood test if a law enforcement officer lawfully arrests you for DUI and asks you to take one. You do not get to revisit that agreement at the roadside — it was made the moment you got behind the wheel.

In our experience handling DUI cases in Spokane County and across Eastern Washington, this surprises a lot of people. They believe they have a clear right to refuse, the way they can refuse a search of their home. The breathalyzer situation is legally different, and misunderstanding it leads to avoidable consequences.

What Happens to Your License If You Refuse?

Refusal triggers an automatic administrative license action by the Washington Department of Licensing (DOL) — separate from any criminal case. The revocation period for a first-time refusal is longer than the revocation for a first-time test failure. Washington law imposes a one-year revocation for refusing, compared to a 90-day suspension for blowing over the legal limit on a first offense. Repeat offenses or prior DUI history can extend those periods significantly.

After a refusal, DOL sends a notice giving you a limited window — typically 20 days — to request a hearing to contest the revocation. Missing that deadline almost always means the revocation goes into effect automatically. This is one of the most time-sensitive steps in any Washington DUI case, and it is one of the first things we address when a new client calls us after a DUI stop.

If you want to understand the full range of license and criminal consequences that flow from a DUI stop in Washington, our detailed overview of what happens if you get a DUI in Washington State walks through the complete process.

Can Refusal Be Used Against You in Court?

Yes. In Washington, prosecutors are permitted to tell the jury that you refused the breath test. The argument they make is predictable: if you had nothing to hide, why would you refuse? Courts have consistently upheld this practice, and in our experience, juries do notice it. Refusal does not automatically mean a conviction, but it removes a potential defense — the defense that your BAC was actually below the legal limit — and it hands the prosecution a narrative tool.

This is one of the central trade-offs you need to weigh. Some people refuse because they believe a high BAC reading will doom them. What they do not always appreciate is that refusal comes with its own serious costs, both administrative and at trial.

Are There Situations Where a Blood Test Is Used Instead?

Yes. Officers can seek a search warrant for a blood draw, even over your refusal, in certain circumstances — for example, when there is evidence of an accident involving injury, when you are unconscious, or when a breath test is unavailable. Washington courts have addressed the warrant requirement for blood draws under both state and federal constitutional frameworks. In practice, Spokane-area law enforcement does pursue blood draw warrants in serious DUI cases, and the process can happen quickly with on-call judges.

If a blood draw was taken in your case — with or without a warrant — how that evidence was obtained matters enormously to your defense. An attorney should review the circumstances carefully.

What About the Preliminary Breath Test at the Roadside?

There are actually two different breath tests involved in many DUI stops, and they are not treated the same way under Washington law. The preliminary breath test (PBT) — the small handheld device an officer may ask you to blow into before arrest — is a field sobriety screening tool. It is not the evidentiary breath test governed by implied consent. You can decline the PBT without triggering the implied consent revocation, though officers may use your refusal as a factor in deciding whether to arrest you.

The evidentiary breath test is the one administered after arrest, typically on a more accurate machine at the station or in the patrol vehicle. That is the test covered by implied consent, and that is the one where refusal carries the consequences described above. Understanding which test you are being asked to take — and when — is genuinely important.

What Should You Do If You Are Stopped on Suspicion of DUI in Spokane?

Here is practical guidance, not legal advice for your specific situation:

• Be polite and cooperative with the officer. Do not argue at the scene.
• You have the right to remain silent and the right to an attorney. Exercise both calmly.
• Understand that the roadside PBT and the post-arrest evidentiary test are different, with different legal consequences for refusal.
• If you take or refuse the evidentiary breath test, contact a DUI defense attorney as soon as possible — ideally the same night.
• The 20-day DOL hearing request deadline is real and unforgiving. Do not wait.

The attorneys at Schwab Law, P.L.L.C. handle DUI cases regularly in Spokane County Superior Court and District Court. If you or someone you know is facing a DUI stop or charge in Eastern Washington, call us at (509) 795-1894. We can walk you through the DOL process, the criminal case, and every option available to you.

This article is general legal information about Washington law and is not legal advice for any specific situation. Consult a licensed Washington attorney about the facts of your case.

Key takeaways

• Washington’s implied consent law means driving on public roads is treated as advance consent to an evidentiary breath or blood test after a lawful DUI arrest.
• Refusing the breath test triggers an automatic DOL license revocation that is typically longer than the suspension for failing the test on a first offense.
• You have roughly 20 days from the arrest to request a DOL hearing to contest the revocation — missing that window usually means the revocation happens automatically.
• Refusal can be presented to a jury at trial as evidence of consciousness of guilt, which creates its own strategic risk.
• The roadside preliminary breath test (PBT) and the post-arrest evidentiary breath test are legally different — implied consent applies to the evidentiary test, not the PBT.

Frequently asked questions

Helpful resources

• RCW 46.20.308 — Washington Implied Consent Law
• Washington Department of Licensing — DUI / Administrative Hearings
• Washington Courts — Spokane County Superior Court
• RCW 46.61.502 — Washington DUI Statute

By Jason Chenette Jr., Criminal Defense Attorney · July 29, 2026 · Reviewed by the attorneys at Schwab Law, P.L.L.C.