You have a right to refuse a preliminary breathalyzer test (PBT) during the traffic stop without penalty. However, if you are brought into the police station and refuse a breathalyzer test, it will be noted and you could still be charged with a DUI refusal. Blood draws typically occur when a person is incapacitated or there is an emergency.
What Happens To My Driver’s License After A DUI Arrest In Washington State?
There is a Department of Licensing (DOL) and a criminal hearing. During the DOL hearing, the burden of proof is lower and costs $375. For a criminal case, your driver’s license can be suspended up to 90 days if convicted of a DUI. If you opt to drive during the suspension period, you can complete an application for a temporary driver’s license, which will cost $100. You will be required to install an ignition interlock device that requires you to blow into the sensor to prove you are not under the influence to start your car..
What Are The Potential Penalties For A DUI Conviction In King County And Pierce County, WA?
The severity of the penalties depends on if you have had any prior DUI convictions. There is no difference in penalties based on county location. Your first DUI, a misdemeanor, has a maximum penalty of 364 days in jail and/or a $5,000 fine. It is unlikely you will receive the maximum penalty on your first offense, however, the final penalty is based on the facts of your case.
If you are convicted of a second DUI within 7 years of your first offense, it is a mandatory 30 day incarceration period.
If I Plan To Plead Guilty To DUI Charges Do I Still Need To Hire A DUI Defense Attorney In Washington?
We recommend that you hire a DUI defense attorney. A skilled attorney can help you navigate through the court system working towards minimizing penalties, serving less jail time, assisting with SR-22 insurance, or obtaining a temporary license.
For more information on Refusing A Breathalyzer Test In Washington, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 276-7390 today.