Breath Test Refusal License Suspension FAQ

Straightforward answers to the questions that come up most about breath test refusals in Washington. Every case is different — these are general answers, not legal advice for your specific situation.

Washington’s implied consent law means refusing a breath test after a lawful DUI arrest triggers its own license suspension from the Department of Licensing — separate from, and in addition to, whatever happens in the criminal case. It’s a civil, administrative action, not a criminal penalty, and it moves on its own fast clock (RCW 46.20.3101).

One year for a first refusal within a 7-year period, and two years or until your 21st birthday (whichever is longer) for a second or later refusal. For comparison, actually taking and failing the test carries a shorter administrative suspension — 90 days for a first offense, 2 years for a second or later one. Refusing costs significantly more license time than testing and failing.

Not an Occupational/Restricted License, but an Ignition Interlock License (IIL) is available, and you can typically apply for it right away rather than waiting out the full suspension first (RCW 46.20.385).

Not fully. Deferred prosecution stays a suspension based on the DUI arrest itself, but Washington law specifically carves out refusal-based suspensions from that protection (RCW 46.20.308) — so a deferred prosecution won’t stop a refusal suspension the way it can with an arrest-based one. This surprises a lot of people who assume deferred prosecution covers everything license-related.

Possibly, yes. The license suspension for a refusal is a separate civil action tied to the arrest itself, not the criminal outcome — winning the criminal case doesn’t automatically undo it. You have to request a DOL hearing within 7 days of the arrest and win that hearing to stop the suspension. We’ve had cases go exactly this way — see our case result on a refusal DUI jury acquittal where the criminal case and the license question had to be handled as two separate fights.

There’s no single right answer that applies to everyone — it depends on your situation, and the tradeoffs are real either way. What matters most is talking to an attorney as soon as possible afterward, since the 7-day DOL hearing deadline starts running immediately and doesn’t wait for you to decide what to do next.

Call (509) 293-7593 for a free consultation about a breath test refusal license suspension in Ellensburg, Yakima, or the surrounding area. See our page on other types of license suspensions or the 7-day DOL hearing deadline for more detail on related situations.