Legal Question in DUI Law in Washington

no breathalyzer administered

I was pulled over after a failure to stop(california stop at a stop sign). When being asked how much I had drank that night I said 4 beers(I started drinking at 10, this was 2:30 and I had been drinking water for the last hour). I agreed to do the field sobriety test, not realizing the mistake at the time. I was placed under arrest after failing the field sobriety test and had my car towed. I was released about 20 minutes later without being booked or having a BAC test administered, about 2 weeks later I recieved the notice of my DUI in the mail and have my pretrial scheduled for thursday december 18th. I'm wondering if the officer is required to do a BAC, or what will happen.


Asked on 12/13/08, 8:03 pm

1 Answer from Attorneys
Jeffrey Bassett Jeffrey P. Bassett, Attorney

Re: no breathalyzer administered

The officer is required to OFFER the BAC to you--that is, the officer must read the implied consent warning and note whether you agree to perform the test or refuse the same. If you agree to do it, the officer is then required to provide the same. If you, in particular, did not take the BAC test, I would assume the officer marked you down as a refusal. [Note: a DUI can be prosecuted without a BAC, if the facts are otherwise sufficient to show impaired driving]

The administrative penalty for refusing to do a BAC test is a year's driver's license suspension. The officer should have provided you paperwork to request a DOL hearing over the impending DL suspension (must be requested within 30 days). If he or she did not, you may want to call DOL or go to your nearest licensing office to find out how to request a hearing.

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Answered on 12/15/08, 11:13 am


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