Legal Question in DUI Law in Washington
beath tests
if i passed a field breath test then refused a second test would I receive a ticket?
2 Answers from Attorneys
Re: beath tests
Yes. The field test is not as reliable as the second test. If the officer offered you the second test, he/she believed that enough other evidence suggested you were intoxicated that you needed further testing. The refusal on the second test will get you charged and will likely get your license suspended.
Re: beath tests
The field breath test, referred to as a PBT (Portable Breath Test) can be used to establish probable cause but cannot be used to prove level of intoxication. However, you have a more serious problem in that you refused the breath test that is required to be taken by law and if you refuse, then your license will be revoked for one year. That means that you will have to retake the driving and machine (written) tests to get your license back and will have to have SR-22 insurance for 3 years after your revocation is over. You have only 30 days from your arrest date to ask for a hearing in writing or on the internet and pay $200 which you should do to preserve your rights. Do not delay! Talk to a lawyer like me who does DUI work all the time IMMEDIATELY. Good Luck!