The Breath or Blood Test

At the police station the officer will eventually ask if you are willing to submit to a breath test.  There are limited circumstances allowing the officer to ask if you would like to provide a blood sample.  To learn more about the blood test you should contact the lawyers of Kennedy & Berner, LLP. 

By operating a motor vehicle upon the roads of the State of Washington, you have given implied consent to providing a sample of your breath or blood.  The decision about the evidentiary breath or blood test will affect potential criminal penalties, and will affect a potential Department of Licensing lawsuit.

The consequences of providing a breath or blood sample equal to or greater than the legal limit, or refusing the test altogether should be made with the advice of an attorney.  This is why it is so important to request to speak with an attorney when you are arrested for DUI. 

Refusing the breath or blood test will enhance the criminal mandatory penalties, and will increase the licensing consequences of the Department of Licensing lawsuit.  Generally, it is best to provide a sample mitigating the harsher consequences of a test refusal. 

Washington uses two breath test machines: 

DataMaster CDM

The DataMaster

If you want to avoid harsher penalties and licensing consequences you should provide a breath sample for these machines.  Remember there are no legal consequences or increased penalties if you refuse to provide a breath sample for the handheld breath test device:

In most situations the police officer will release you after the breath or blood test.  Read any paperwork the police officer gave you.  Sometimes they will provide a court date, or other important documents.  You should contact an attorney immediately after a DUI arrest.  It is critical to begin preparation of your defense, and to request a licensing hearing.