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Implied Consent Law in Washington

If a person is operating a motor vehicle in the State of Washington they have given consent to have their breath or blood tested by a law enforcement officer. The law enforcement officer may test your breath or blood under reasonable suspicion that a person is driving under the influence.

If the person attempts to refuse there are automatic penalties imposed. Mainly, the persons’ driver’s license or other driving privilege will be revoked for a minimum of one year. Refusal does not mean that law enforcement is unable to get a breath or blood test, law enforcement officers are now required to get a warrant, but can then take the test as they would normally. A refusal to take the test is admissible at trial against the individual for driving under the influence.

The person’s consent continues for a breathalyzer test even if they are unconscious, and only is completely terminated upon the person’s death.

If the person’s license is taken away, and they wish to contest the right of the police having reason to administer the blood alcohol content test, there is a means for them to do so through a hearing within 60 days of being arrested. The results of this hearing can be appealed to the circuit court of Washington.

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