Washington Implied Consent Law (RCW 46.20.308)

Under Washington's Implied Consent Law, any person who operates a motor vehicle in the state is deemed to have consented to a breath test for alcohol if lawfully arrested for DUI.

This law is found in RCW 46.20.308.

What Does “Implied Consent” Mean?

When you drive in Washington, you automatically agree to submit to a breath test if:

  • An officer has reasonable grounds to believe you were driving under the influence; and
  • You are lawfully placed under arrest for DUI.

The breath test measures alcohol concentration only. Marijuana (THC) and other drug impairment are typically tested through blood analysis, which generally requires a warrant unless voluntary consent is given.

What Happens If You Refuse a Breath Test?

If you refuse to submit to a breath test after arrest, the officer must inform you of specific warnings, including:

  • Your refusal will result in license suspension;
  • The refusal may be used against you in court;
  • You have the right to additional independent testing at your own expense.

If you still refuse, the Department of Licensing (DOL) will impose an administrative suspension separate from the criminal case.

License Suspension for Refusal

  • First refusal: 1-year suspension
  • Second refusal within 7 years: 2-year suspension
  • Third or subsequent refusal: 3-year suspension

What Happens If You Take and Fail the Breath Test?

If you submit to testing and your alcohol concentration is 0.08% or higher (0.02% if under 21), the DOL will impose an administrative suspension.

Administrative Suspension for Test Failure (21 and Over)

  • First offense: 90-day suspension
  • Second offense within 7 years: 2-year suspension
  • Third offense within 7 years: 3-year suspension

For drivers under 21, a BAC of 0.02% or higher triggers suspension.

The 20-Day Rule: Requesting a DOL Hearing

You have only 20 days from the date of arrest to request a Department of Licensing hearing to challenge the suspension.

If no hearing is requested within 20 days, the suspension automatically takes effect.

The current DOL hearing fee is required at the time of request.

Issues That Can Be Raised at a DOL Hearing

The scope of a DOL hearing is limited. Issues may include:

  • Whether the officer had reasonable grounds;
  • Whether the arrest was lawful;
  • Whether proper implied consent warnings were given;
  • Whether the breath test was administered in compliance with required procedures;
  • Whether the test results were over the legal limit.

These hearings are technical and evidence-based.

Ignition Interlock License (IIL)

In many cases, drivers may apply for an Ignition Interlock License during suspension. This allows restricted driving privileges provided an ignition interlock device is installed.

Why Early Legal Action Is Critical

The administrative license process moves independently from the criminal DUI case. Even if the criminal charge is later reduced or dismissed, the license suspension can remain unless successfully challenged.

If you have been arrested for DUI in Seattle, immediate action is essential to protect your driving privileges.

Contact our office promptly to discuss your options and deadlines.