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Can You Refuse a Breathalyzer Test?

Posted by Mark Garka | Nov 08, 2019 | 0 Comments

There are many questions a person might have regarding a drunk driving arrest. One of those questions may be whether or not to take a breathalyzer test. What few do not realize is that it is perfectly legal to refuse a breathalyzer test in the state of Washington.

At the Law Office of Mark W. Garka, we help those who have been arrested and charged with a DUI. Continue reading to learn how to defend your rights in this situation.

Consenting to a Breathalyzer Test

The law states that when you get your driver's license, you give your consent for a breathalyzer test when a police officer pulls you over for suspected drunk driving. However, this does not mean that a police officer can physically force you to take a breathalyzer test. You have the right to refuse a breathalyzer test for any reason.

Legal Implications for Refusing a Breathalyzer Test

If you decide to refuse a breathalyzer test, you may face consequences including suspension of your driving privileges for a year or more. Additionally, your refusal to take the test can be admissible in a criminal trial.

If the police officer who pulled you over does not inform you of your right to refuse the breathalyzer test or provides warnings about what may happen if you refuse to take the test, an experienced defense attorney may be able to use this to your advantage during court proceedings.

Facing a DUI Charge? Contact Us Today

If you are facing a DUI charge, it may seem overwhelming to go through the legal process alone. At the Law Office of Mark W. Garka, our founding partner believes that many accused individuals are wrongfully arrested for a DUI, and he's here to defend their rights and deliver them an optimal resolution for their situation.

Contact us today at (888) 252-1961 to learn how we can assist you.

About the Author

Mark Garka

Mark is a solo-practitioner who limits his practice to DUI Defense. During Law School, he worked in the Juvenile Division for the Snohomish County Prosecuting Attorney's Office and he also worked in the Corrections Division at the Attorney General's Office. After completing his degree, he clerked...


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Make sure your rights are protected and that you get treated fairly by hiring a qualified attorney with experience handling DUI cases in Washington State. I help DUI defendants protect their rights and ensure fair treatment. The legal system is tricky, but with my guidance, you will understand the full implications of your situation and identify the steps you will need to take next.

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