Seattle Breath Test Refusal Defense

I Personally Handle Your License Hearing & DUI Case

A breath test refusal can trigger a Department of Licensing action while a separate DUI allegation moves through the criminal courts. At Hale Law Enterprises, I handle both proceedings, including the administrative hearing used to contest a proposed license revocation.

I’m Attorney Matthew T. Hale. I have more than 30 years of experience and have personally helped thousands of individuals. My work has included defending NBA athletes, executives at large companies, and people facing serious criminal allegations. I provide consultations and defense services in English and Spanish.

Call (206) 207-4776 now to discuss a breath test refusal in Seattle and the deadlines that may apply to your license.

Roadside Tests Differ from the Post-Arrest Breath Test

Washington implied consent law applies to the official breath test requested after a DUI arrest. Under RCW 46.20.308, a person who operates a motor vehicle is deemed to have consented to this test when an officer has reasonable grounds to believe the person drove or was in actual physical control of a vehicle while under the influence. Actual physical control generally means being in a position to operate the vehicle, even if it wasn’t moving when the officer arrived.

A portable breath test offered at the roadside isn’t the same as the official post-arrest test. Roadside breath tests and field sobriety tests are voluntary, and declining them doesn’t create the automatic license sanction associated with refusing the post-arrest test.

Before administering the official test, the officer must provide statutory warnings. These warnings address the potential license consequences of refusal and explain that prosecutors may introduce the refusal as evidence at a criminal trial. Whether the warnings were properly given can become an issue at a license hearing.

Request a License Hearing Within Seven Days

After a refusal, the arresting officer issues a Notice of Intent to Suspend License. The driver may also receive a temporary paper permit, but that document doesn’t eliminate the need to respond to the notice.

Important requirements following the notice include:

• Request period: A written request for a formal Department of Licensing hearing must be submitted no later than seven days after notice is given.
• Mailing requirement: A mailed request must be postmarked before that deadline.
• Hearing fee: The request requires a $375 fee, although the fee may be waived for an indigent person under RCW 10.101.010.
• Administrative stay: A timely request stays the suspension, revocation, or denial while the matter is pending. Without one, the action takes effect 30 days after the arrest.

Because this deadline is measured in days rather than weeks, waiting for the criminal court date can leave the separate licensing matter unaddressed. I can review the notice, when it was provided, and the available hearing process.

License Consequences Depend on Prior DOL Actions

The administrative sanction depends on prior refusals and other qualifying Department of Licensing actions over the preceding seven years. These consequences arise from the licensing process, not from a criminal conviction.

Washington law provides the following refusal periods:

• First refusal with no prior administrative action: A first refusal during the seven-year lookback period results in a one-year license revocation or denial.
• Second or subsequent refusal: Another refusal during that period results in a two-year license revocation or denial, or until the driver turns 21, whichever period is longer.
• First refusal with a prior administrative action: A refusal following a qualifying administrative action during the lookback period results in the same two-year action, or until age 21, whichever is longer.

For comparison, a driver who’s at least 21, submits to a breath test, and records a blood alcohol concentration of 0.08 or higher faces an administrative suspension of at least 90 days. Refusal therefore carries a substantially longer minimum administrative sanction than that test-result category.

Licensing Hearings & Seattle DUI Cases Are Separate

A licensing hearing and a criminal DUI case are separate proceedings. A result in one doesn’t automatically decide the other, so each requires preparation based on its own issues and deadlines.

Issues Considered at the Licensing Hearing

When properly requested, the hearing generally must occur within 30 days of the request, excluding Saturdays, Sundays, and legal holidays. A different schedule may apply if the department and the driver agree to it.

The hearing addresses limited statutory issues: whether the officer had reasonable grounds for the stop or arrest, whether the required warnings were properly given, and whether the driver refused the official breath test. My record includes reported licensing matters in which the department’s suspension action was dismissed and the client didn’t lose driving privileges on the DUI charge. Prior results are case-specific and don’t predict what will happen in another matter.

The Separate Criminal Proceeding

The related DUI allegation may proceed in Seattle Municipal Court or King County District Court, depending on where the arrest occurred. These cases can move through arraignment, pretrial hearings, and a potential trial. I prepare the defense for each stage.

Refusing a breath test doesn’t necessarily prevent chemical evidence from being collected. Law enforcement may seek a search warrant for a blood sample after a refusal. I examine the refusal evidence, the officer’s warnings, and any warrant process relevant to the criminal allegation.

Act on the License Notice & DUI Case

I offer free initial consultations and remain available 24/7 for emergency legal needs. My contact page provides another way to reach me about the arrest, the licensing notice, and the next procedural steps.

Call (206) 207-4776 to speak with me about your Seattle breath test refusal and related DUI case.