Washington DUI laws?
If I am pulled over for suspicion of driving under the influence, does the officer have to ask my permission before administering the breathalyzer? ...
If I am pulled over for suspicion of driving under the influence, does the officer have to ask my permission before administering the breathalyzer?
In Washington, if the officer has a reason to believe you have been drinking (ie. crossed the center line, irregular speed change, etc.) They can ask you to take a PBT test. If you refuse, your license WILL be suspended by the DMV. When you refuse, there are several forms that must be filled out. All the other consequenses are listed on these forms.
Nobody can make you take a PBT test. But, the DMV will suspend you license if you refuse. Its called the implied consent law in Washington.
Since the Breathalyzer requires you to blow in it, you must consciously blow into it; you can’t be made to do it against your will.
No. If he/she has probable cause to believe that you have been driving while impaired and you refuse to take the test, that refusal is a DWI/DUI offense itself.
No, the officer does not have to ask for your permission to administer the breathalyzer test, however, you are not required to give a breath sample either. Just keep in mind, if you refuse to provide a breath sample, or blood, then you’re license will be automatically suspended or revoked for a minimum of six months and you’ll more than likely be convicted of DUI anyway, depending on how well the officer conducted his field sobriety test and report.
You would be advised of your miranda rights and implied consent. If you refuse to provide two complete samples, the Dept of licensing will suspend your license for 1 year. If you agree to give breath samples, and you are over the legal limit, your license will be suspended for 6 months.