The officer asked you to blow. You said no. Now you’re dealing with two separate legal battles—a criminal DUI prosecution moving forward without BAC evidence, and an administrative proceeding that could revoke your license for a year or more regardless of what happens in court.
Washington punishes breath test refusal harshly. The state wants that number. When you deny them that evidence, they impose consequences designed to make you regret the decision. But here’s what the system doesn’t acknowledge: your refusal may have been the right call. Because now prosecutors must prove you were impaired using nothing but an officer’s subjective observations—testimony that crumbles under proper cross-examination far more easily than a machine printout showing 0.14% BAC.
Eastside DUI has defended breath test refusal cases throughout King County for 15 years. Our attorneys—Roberto Yranela, Matthew Skau, and Robin Tu—handle both the criminal prosecution and the DOL administrative case simultaneously, fighting to protect your license while building defenses that exploit the evidentiary vacuum your refusal created. A Bellevue, WA DUI lawyer from our firm can turn what feels like a disadvantage into a strategic opportunity.
Contact us for a free consultation.
Why Choose Eastside DUI For Breath Test Refusal Defense In Bellevue, WA?
Refusal Changes the Battlefield
When you refused the breath test, you fundamentally altered what the prosecution can prove. They lost their objective evidence. They lost the number that typically anchors their case. What remains is one officer’s opinion about your condition—an opinion formed during a brief, high-stress encounter, filtered through expectations and assumptions, and recorded in ways that may not match reality.
That’s a weaker case than they wanted. A Bellevue breath test refusal DUI attorney who recognizes this shift can build defenses that would be impossible if a damning BAC number sat at the center of the evidence.
Roberto Yranela approaches refusal cases by first cataloging what the prosecution doesn’t have: no chemical confirmation of intoxication level, no objective measurement of impairment, no machine-generated evidence for jurors to accept uncritically. Then he attacks what remains. His undergraduate degrees from the University of Washington included psychology, which informs how he challenges officer perceptions and jury assumptions. His J.D. from Valparaiso University School of Law equipped him to translate those insights into effective courtroom advocacy.
Recognized DUI Defense Credentials
Our lead attorney earned Top 40 Under 40 recognition from Super Lawyers specifically for DUI defense. Avvo granted him Client’s Choice honors. The National Trial Lawyers named him to their Top 40 Under 40 list. When you need a DUI attorney in Bellevue who has successfully defended clients through breath test refusal cases, our credentials demonstrate that experience.
Two Cases, One Coordinated Strategy
Breath test refusal triggers parallel proceedings—criminal court and DOL administrative hearing. Many defendants focus entirely on the criminal case and lose their license by default. We fight both simultaneously, recognizing that arguments successful in one forum may apply in the other. The 20-day deadline to request a DOL hearing doesn’t wait for criminal case strategy sessions.
What Our Clients Say
⭐⭐⭐⭐⭐ “Roberto was amazing throughout the entire process. He communicated clearly, responded quickly, and always made sure I understood what was happening. Thanks to his support, my case was resolved smoothly and better than I expected. He handled everything with professionalism and care. I would definitely recommend him to anyone looking for reliable legal help!” – David Woo
Types Of Breath Test Refusal Cases We Handle In Bellevue
Refusal cases present different challenges based on circumstances and history. Our DUI defense attorneys handle the full range.
- First-time refusal. Initial breath test refusal triggers one-year license revocation through DOL and enhanced criminal penalties if convicted. A Bellevue DUI lawyer challenges the refusal characterization while building criminal defenses around the absence of BAC evidence.
- Second or subsequent refusal. Refusing breath testing after a prior refusal within seven years means two-year license revocation—doubling the administrative penalty. The criminal enhancements compound as well. Knowing your rights after arrest becomes even more critical when prior refusals amplify consequences.
- Disputed refusal cases. Officers sometimes record “refusal” when circumstances were ambiguous. Perhaps you asked questions before deciding. Perhaps you expressed willingness but the officer moved on before you could comply. Perhaps language barriers or medical conditions created confusion. We investigate what actually occurred.
- Refusal with minimal impairment evidence. When officers’ observations show only minor indicators—slightly bloodshot eyes, faint odor of alcohol—refusal cases become prime candidates for acquittal. The prosecution’s case depends entirely on weak subjective evidence.
- Refusal with strong impairment claims. When reports describe significant impairment indicators, refusal cases require more intensive defense. But officer perceptions aren’t facts. Video evidence often contradicts written narratives. Cross-examination exposes exaggeration and assumption.
- Refusal with subsequent blood warrant. In serious cases, police may obtain warrants for blood draws after breath test refusal. These cases involve refusal consequences plus blood evidence—requiring defense strategies that address both. Challenging breathalyzer results principles apply to blood evidence differently, but challenges remain available.
Washington Legal Requirements For Breath Test Refusal
Washington’s implied consent framework imposes specific penalties for refusing breath testing. Understanding these requirements clarifies what you’re facing and where defenses apply.
Under RCW 46.20.308, operating a motor vehicle in Washington constitutes implied consent to breath or blood testing upon lawful DUI arrest. Refusal triggers administrative license revocation: one year for first refusal, two years for refusal within seven years of a prior refusal or DUI-related offense.
This administrative revocation operates through the Washington Department of Licensing—entirely separate from criminal court. You have only 20 days from arrest to request a DOL hearing. The hearing examines whether officers had grounds for arrest, whether implied consent warnings were properly given, and whether you actually refused. A DUI lawyer in Bellevue files this request immediately and mounts challenges at the administrative hearing that might preserve your driving privileges.
In criminal court, RCW 46.61.5055 treats refusal identically to high BAC for mandatory minimum sentencing. First offense with refusal: minimum 2 days jail upon conviction. Second offense: minimum 45 days. Third offense: minimum 120 days. These enhanced minimums only apply if you’re convicted—making the weakness of refusal cases on the merits significant.
Washington law permits prosecutors to tell juries about your refusal under RCW 46.61.517. They’ll argue refusal demonstrates consciousness of guilt. A Bellevue DUI attorney counters this inference by presenting legitimate reasons for refusal—distrust of testing equipment, bad advice, confusion, anxiety—that have nothing to do with actual guilt.
Defending Breath Test Refusal Cases In Bellevue
A Bellevue breath test refusal DUI lawyer builds defense around the prosecution’s evidentiary limitations:
- Challenging probable cause for arrest. Officers must have probable cause to arrest before implied consent obligations attach. If the arrest lacked sufficient basis—weak driving pattern evidence, ambiguous field test performance, questionable officer observations—the refusal itself may be invalidated. Our drunk driving defense team scrutinizes every element of probable cause in refusal cases.
- Attacking field sobriety evidence. Without BAC numbers, prosecutors lean heavily on field sobriety tests. These tests are designed to fail—most sober people cannot perform them perfectly under ideal conditions, let alone on a roadside at night with traffic passing and an officer watching. We challenge administration, interpretation, and validity.
- Examining video evidence. Dash cameras and body cameras often tell different stories than officer reports. Someone described as “swaying” in the narrative might appear steady on video. Someone characterized as “slurring” might sound clear in recordings. We obtain and analyze all available footage. Knowing what to avoid saying during your stop matters, but video evidence of how you moved and spoke matters equally.
- Questioning implied consent warnings. Officers must provide specific warnings before breath test refusal carries consequences. Were warnings given completely and accurately? Were they communicated in a language you understood? Any deficiency in the warning process can invalidate the refusal determination.
- Presenting alternative explanations. Every observation officers attribute to intoxication has innocent alternatives. Fatigue causes red eyes and unsteady balance. Medication affects speech patterns. Medical conditions mimic impairment signs. Nerves during police encounters affect performance on every metric officers assess. We construct narratives that explain observations without requiring impairment.
- Reframing refusal for jurors. Prosecutors characterize refusal as guilty conscience. We present it as rational skepticism. Innocent people refuse tests—because they’ve heard advice to refuse, because they distrust government equipment, because they feel railroaded and want to slow the process. Working with a DUI defense attorney who humanizes refusal rather than letting prosecutors demonize it changes how jurors evaluate your choice.
Contact Eastside DUI
Breath test refusal puts you in a complicated position—facing license revocation regardless of criminal case outcomes, enhanced penalties if convicted, and prosecutors using your refusal against you. But refusal also stripped them of their strongest evidence. Our Bellevue breath test refusal DUI lawyers have spent 15 years navigating these parallel proceedings, protecting driving privileges while exploiting the prosecution’s weakened evidentiary position.
We offer free consultations to assess your case and map strategy across both the criminal and administrative fronts. DUI defense fees start at $3,500, and we explain all costs before you decide.
Twenty days. That’s your deadline to challenge license revocation. Contact Eastside DUI today.
