According to Washington’s implied consent statute, if you are lawfully detained by an officer who has reason to believe you were driving while intoxicated, you have been given permission to submit to a chemical test to determine your blood alcohol content. The exam must be taken 2 hours after driving. Usually, a breath test will be made available to you. When a police officer suspects you are under the influence of drugs or are unconscious, blood tests are more frequently done.
The prosecutor must demonstrate that you were operating your car with a blood alcohol content of at least 08% in order to get a DUI conviction based on a per se illegal level of alcohol being present in your system. Field sobriety tests, along with an officer’s observations and assessments of your level of drunkenness, could serve as the foundation for an arrest warrant. Your blood, breath, or urine may be tested as part of a chemical test. Drivers who are suspected of being drunk most frequently undergo breathalyzer tests.
The first breath test is an on-the-spot breathalyzer test that is used to establish probable cause for an arrest, and the second breath test is a breathalyzer machine test that is conducted at the police station. Blood tests must be administered in a medical setting and are more difficult to administer. Results may take longer to appear. A police officer may attempt to obtain a search warrant for your blood if you refuse to submit to a breath or blood test.
You might believe that if you are charged with DUI and your blood alcohol level is high 08% or greater, there is little you can do about the charges. You shouldn’t, however, presume that entering a plea of guilty is the best course of action. If you and your counsel can demonstrate that the chemical testing evidence used against you isn’t accurate or reliable, or if you can get it suppressed, the prosecutor may not be able to prove that you committed a DUI crime. The prosecutor must prove your guilt beyond a reasonable doubt.