Most people arrested for DUI in Spokane County will be asked to perform a Breath Alcohol Content test (BAC). This test measures the amount of alcohol transferred from your blood to the air in your lungs. There are two main BAC tests in Washington State: a roadside preliminary breath test (PBT) and the Draeger Unit. Draeger Units are the main breath test machine and are usually located at the police station. The Mobile Impaired Driving Unit can bring extra Draeger Units to major events around the state.
The Draeger runs evidential breath tests. This means the test results or an allegation that you refused this test can be used as evidence against you at trial. Additionally, the test results or refusal can also lead to a separate Washington State Department of Licensing (DOL) case. Each of these cases have serious consequences, including loss of license and ignition interlock device (IID).
The idea of willingly giving law enforcement additional evidence seems counter-intuitive. However, Washington State law imposes substantially higher penalties when someone refuses a Draeger test. Plus, there are more legal arguments available when fighting a breath test than a refusal. More arguments means more options so in most situations, folks are better off blowing on the Draeger Unit at the station.
People often say their friend told them to refuse the breath test at the station. There are some situations where that might be good advice, but it doesn’t apply to every case. If you’re under arrest for DUI, then you can speak with an attorney while you’re at the police station. An attorney can help you decide whether blowing or refusing is right for you.
If you or a loved one is facing a DUI charge, an experienced attorney can provide advice for your specific situation. Cooney Law Offices. Fighting for You!