My brother got arrested for DUI in Washington and he refused to take the breath test. Is it true that his driver’s license would automatically be suspended because of this?

Rhea
Yakima, WA

The State of Washington has an implied consent law which provides that after acquiring the driver’s license, the driver impliedly consents to blood alcohol testing if asked by a law enforcement officer. A refusal to take the breath test is in itself a criminal violation that is subject to stiff penalties. Since your brother refused to take the breath test when asked by an officer on a DUI investigation in Yakima, Washington, this breath test refusal could result in automatic driver’s license suspension or revocation. This driver’s license suspension for breath test refusal would be for one year.

The breath test refusal could also be used as evidence against your brother on his DUI case trial. If he is found guilty of his DUI charge, there could be additional penalties because of the breath test refusal, such as stiffer sentence. In order for him to protect his driver’s license, he needs to request a license suspension hearing and pay $100 to the Department of Licensing to cover the costs of the hearing.

If in case I get unlucky and be asked to take a blood alcohol test because of DUI here in Washington, do I have a choice as to which kind of test I can take?

Joseph

Federal Way, WA

In Washington State, you have a choice as to how your blood alcohol would be measured. Should you be charged with DUI in Federal Way, Washington, you could be allowed to choose between a blood test and a breath test. You may take the required breath test and ask for additional blood test if you feel that the breath test would not give accurate results. Breath test is normally performed using a “breathalyzer” and in the state of Washington, a “datamaster,” which is a newer machine and much less complicated to use than a breathalyzer. With this machine, there is no interpretation required, unlike the “breathalyzer,” because the “datamaster” would print out a ticket with the mechanically determined breath test results.

Should you wish to verify sobriety, the best form to verify that is a blood test. Urine tests are actually the least accurate in measuring the blood alcohol content (BAC) because the urine often does not reflect your BAC at a particular point in time. But if you believe that your BAC would be over the legal limit of 0.08%, may wish to gamble on urine testing.

My husband was arrested for DUI in Washington and he failed the blood alcohol test as well as the breath test. He is suffering from GERD and from what I heard, we can use that as a defense. How true that GERD poses problem on the accuracy of breath testing?

Wendy

Lakewood, WA

Gastroesophageal reflux disease or GERD is a chronic condition that results from esophagus deterioration from stomach acid eruptions over time. The impact on breath testing is if the alcohol erupting from the stomach into the mouth from gastric reflux poses a problem with accurate breath testing during a 20-minute observation period.

In Washington, the Washington State Patrol studied the issue of GERD and concluded safeguards should be carried out for accurate and fair breath testing. Their conclusions for appropriate breath alcohol testing implied a sound forensic practice should be followed to guarantee the integrity of the breath test and GERD recognition. The safeguards include at least 15-minute pre-sample observation period, instrument detection of mouth alcohol, duplicate testing, visual observations looking for symptoms of GERD and alert operators who ask appropriate questions. Your husband can definitely attack the results of the breath test and use it as a defense on his DUI charge in Lakewood, Washington especially if the safeguards on breath testing are not followed.