In Washington state, drivers provide implied consent to chemical breath tests or blood tests to determine blood alcohol content level. By using the roadways, drivers provided consent to be tested if law enforcement believes that the driver is operating a vehicle under the influence of alcohol or drugs. Because of the implied consent law in Washington, drivers may wonder what the consequences of refusing a breath test are.
It is important to understand that to require a breath test, the police officer must have probable cause to suspect that the driver was operating a vehicle under the influence of alcohol or drugs and in control of a vehicle. In some circumstances, such as if the driver is unconscious, the driver is suspected of being under the influence of drugs or a party has been harmed in a drunk driving accident, a blood test will be taken.