Reader’s Question:

My brother got arrested for DUI in Yakima, 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.

Tags: breath test, driver’s license, drunk driving laws, DUI, DUI lawyer