If you were pulled over for DUI, you were probably asked to take a breath test. A DUI breath test in Washington can be important evidence, but it isn’t the end of the story. Here’s a simple look at how these tests work and what to do next.
The Roadside Test vs. the Station Test
There are two different breath tests, and they serve different purposes.
The Roadside Breath Test
During a traffic stop, an officer may ask you to blow into a small handheld device. This roadside test is voluntary.
Officers use it to help decide whether to arrest you. The result alone can’t prove you were over the legal limit. This test often comes along with field sobriety tests, which are also voluntary.
The Breath Test at the Station
After an arrest, you’ll usually be asked to blow into a larger machine at the police station or jail. In Clark County and most of Washington, that machine is the Dräger Alcotest 9510.
This is the test used as evidence in your case.
Breath Tests Can Be Wrong
Breath tests depend on people and machines, and both can make mistakes. Washington has rules for how the test at the station must be done.
An attorney can review whether your test was done correctly and whether the result can be trusted. Depending on what that review finds, the result may be kept out of your case or given less weight. Every case is different, and no attorney can promise a result.
A 2026 Washington Supreme Court Decision
In August 2026, the Washington Supreme Court decided State v. Sliger. The Court allowed a breath test result even though the driver had a few tiny bits of chewing tobacco in his teeth. This case is important because it gives a real example of what can be in your mouth during a breath test without the result being thrown out. It builds on an earlier case, City of Sunnyside v. Fernandez, where a Washington appeals court decided in 1990 that a driver’s own blood in his mouth did not make his breath test invalid.
The Court also said that a driver can still question how reliable a breath test is at trial. The details of how your test was done still matter.
What Happens If You Refuse a Breath Test
Under Washington’s implied consent law, drivers are considered to have agreed to a breath test after a lawful DUI arrest. You can refuse, but refusing has serious consequences:
- You can lose your license for at least one year.
- Your refusal can be used against you in court.
- If you’re convicted, the penalties can be higher.
- Police may still get a warrant to test your blood.
You Have Only 7 Days to Protect Your License
If you refused the test or blew over the limit, the Department of Licensing will try to suspend or revoke your license. You have only seven days from the notice to ask for a DOL hearing.
If you miss that deadline, you lose the chance to fight the license suspension or revocation at a hearing. Don’t wait for your arraignment to act.
Talk to a Washington DUI Attorney
If you took a breath test or refused one after a DUI arrest, call before the seven-day deadline passes. Kris Carrasco can review your case and explain your options.
Kris Carrasco Attorney at Law
1014 Franklin Street, Vancouver, WA 98660
Phone: (360) 975-4673
Call or contact us online for a free consultation.
Charged with DUII in Oregon? See our Oregon DUII page.