If you’ve been arrested for DUI in Washington State and didn’t take a breathalyzer test—or didn’t receive a result—you may be wondering if the case will just go away. Unfortunately, the answer is no. You can still be charged and even convicted of DUI without a breath test result.
Building A Case Without A BAC
Washington law allows prosecutors to build a DUI case based on other evidence. This can include the officer’s observations (slurred speech, bloodshot eyes, unsteady balance), your performance on field sobriety tests, the smell of alcohol, or erratic driving. In some cases, the officer may request a warrant to draw blood, especially if you refused the breath test.
Using A BAC Refusal At Trial
In Washington DUI cases, if you refuse a breath test, prosecutors are legally allowed to use that refusal as evidence at trial. Under Washington’s implied consent law, your decision not to submit to testing can be framed as a sign of consciousness of guilt—meaning the jury may be told that you refused because you knew you were impaired and didn’t want the results to confirm it.
During trial, a prosecutor might argue something like: “The defendant had the opportunity to prove sobriety but chose not to. An innocent person would have taken the test to show they weren’t impaired.” This line of reasoning is designed to influence the jury into thinking the refusal itself points to intoxication, making it a powerful tool for the prosecution—even in cases where no BAC result exists.
Relevant and Admissible Evidence
Rules of Evidence and Criminal Procedure
No Breathalyzer = More Negative Consequences
Refusing the breathalyzer doesn’t make the DUI charge disappear—in fact, it comes with its own set of consequences. A refusal triggers an automatic license revocation of at least two years, even if you’re never convicted of DUI. This is part of Washington’s implied consent law, which essentially means that if you’re driving on Washington roads, you’ve already agreed to take a breath test if lawfully arrested for DUI.
The takeaway?
Even without a breathalyzer result, a DUI case can still move forward. The best thing you can do is talk to a knowledgeable DUI defense attorney who understands how prosecutors build cases and what defense strategies may apply to your situation.
If you’re unsure what to do next or need guidance tailored to your circumstances, don’t wait—contact our office today. The sooner we can review your case, the better we can protect your rights and start working toward the best possible outcome. We’ve been defending DUI cases for more than 20 years and we can help you too! (360) 792-1000
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Whether you choose to handle your case alone or engage the Witt Law Group, being informed and prepared is essential. Early involvement of an attorney can significantly impact your chances of a fair recovery, allowing you to focus on healing while we handle negotiations with insurance adjusters to secure fair compensation for your injuries.
