Legal Question in Criminal Law in Washington

can you be arrested for not knowing how to take a breathalizer? I had to take one the other night and the officer told me to blow into it until it beeped and i did and so after 4 attempts without much clarification she arrested me and threw me on the ground to cuff me.


Asked on 2/05/12, 8:28 pm

1 Answer from Attorneys
Stan Glisson Glisson & Morris

A person cannot be arrested just for refusing a breath test. But there are certainly situations where refusing a test can have penalties associated with it. If this was a DUI investigation, the relevant law is 46.20.308. The officer can make a DUI arrest with or without a breath test; and the penalties for DUI can be worse if the driver refuses the breath test.

It happens sometimes that the officer perceives the inability to give a sample as an unwillingness to give a sample, and therefore as 'uncooperative' behavior. Keep in mind, many people feign the inability to give a sample.

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Answered on 2/06/12, 10:22 am


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