Saturday, May 1, 2010

Implied Consent .... Hmmm whats that??

Whether you know it or not, as a licensed Washington driver you have already consented to taking a breath test in Washington State. Under Washington’s Implied Consent law, if you are lawfully requested by law enforcement to take a breath test you must take the breath test or you will lose your Washington State driving privilege. Washington’s Implied Consent Laws also state that if you take the test and blow over the legal limit you will lose your Washington driving privilege. That is why it is imperative you consult with a Seattle DUI Lawyer immediately upon your arrest.

Although technically you have the right to refuse a breath test in Washington State, the consequences for so choosing can be more pronounced than if you consented to taking the test in the first place. Perhaps more importantly, the government can usurp your choice to refuse to provide a breath sample by obtaining a warrant to draw your blood, notwithstanding your refusal. The only way, and sole opportunity, to have a chance to fight automatic suspension of your driver's license in a Washington DUI case is to timely send to the Department of Licensing a request for an administrative hearing.

The law regarding taking or refusing to take a breath test in Washington is one of the most complicated areas of Washington State DUI law. Because this and because of the significant driver’s license implications associated with DUI investigations, any person facing the decision to take or refuse a lawfully requested breath test in Washington State should call a reputable Seattle DUI attorney immediately to discuss the consequences of that decision.

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