Washington DUI Breath & Blood Tests

Washington DUI Breath & Blood Tests Being stopped and investigated for driving under the influence (DUI) in Washington can be an overwhelming experience.

One of the most intimidating parts of this process is being asked to submit to a breath or blood test. These tests play a central role in DUI cases, but they are not always as straightforward as they seem.

At Tim Rusk Attorneys, our DUI defense lawyers believe that understanding how these tests work and the rights you have before, during, and after them is essential to protecting your future. Call us today at (855) 846-7875.

The Role of Breath and Blood Tests in Washington DUI Cases

Under Washington law, if law enforcement believes you are driving while impaired by alcohol or drugs, they may ask you to take a breath or blood test. The results are often used as primary evidence in DUI prosecutions.

Breath tests measure the concentration of alcohol in your breath and estimate your blood alcohol concentration (BAC).
Blood tests measure the actual amount of alcohol or drugs in your bloodstream.

While these tests can be powerful tools for prosecutors, they are not infallible. Machines can malfunction, samples can be mishandled, and test administration procedures can be flawed.

Washington’s Implied Consent Law

Washington operates under an “implied consent” rule. By driving on Washington roads, you are considered to have given consent to breath or blood testing if you are lawfully arrested for DUI. Refusing to take a test after an arrest can result in serious consequences, including:

A minimum one-year driver’s license suspension
Mandatory installation of an ignition interlock device
Use of your refusal as evidence against you in court

Even though you have the legal right to refuse, doing so triggers automatic penalties from the Department of Licensing (DOL), separate from any criminal case.

When a Breath Test Is Used

Breath testing is most commonly performed at police stations or jails, using approved machines such as the Draeger Alcotest 9510. These tests are used to determine whether your BAC is at or above Washington’s legal limit:

0.08% for drivers age 21 and over
0.04% for commercial drivers
0.02% for drivers under 21

In some situations, portable breath tests (PBTs) may be offered roadside. While PBTs can help officers decide whether to make an arrest, their results are generally not admissible in court as proof of guilt.

When a Blood Test Is Used

Blood testing is often used in cases involving:

Suspected drug impairment (prescription, over-the-counter, or illegal drugs)
Serious injury or fatal accidents
Situations where a driver is physically unable to take a breath test

Blood draws must be performed by a qualified medical professional or technician, and the sample must be properly stored and analyzed to ensure accuracy. In most cases, a warrant is required for a blood draw unless certain exceptions apply, such as unconsciousness or consent.

Accuracy and Reliability Concerns

Although breath and blood tests are presented as scientific evidence, they are not immune to error. Common problems include:

Improper calibration of breath machines – If a machine is not regularly serviced, readings may be skewed.
Contaminated samples – Blood samples can be compromised if improperly collected or stored.
Physiological factors – Certain medical conditions, diets, or even mouthwash can affect breath test results.
Procedural errors – Failure to follow mandated testing protocols can undermine the validity of results.

These potential flaws make it critical to have an attorney who understands how to challenge the evidence.

The Importance of Procedure

Washington law requires strict compliance with testing protocols. For breath tests, officers must:

Observe you for at least 15 minutes before the test to ensure you do not eat, drink, or vomit.
Use an approved testing device.
Administer the test by a certified operator.

For blood tests, the chain of custody must be documented, and a certified lab must conduct testing. Any deviation from these rules can provide grounds to question or suppress the results.

What Happens If You Fail a Test?

A BAC of 0.08% or higher or a blood test showing drug impairment will likely lead to DUI charges. Washington’s penalties for a first-time DUI conviction can include:

Up to 364 days in jail
Fines and court costs
License suspension
Mandatory ignition interlock device installation
Alcohol or drug education programs

For repeat offenses, penalties become more severe. However, failing a test does not mean your case is hopeless. Evidence can be challenged, and results can be questioned.

Challenging Breath and Blood Test Results

An experienced DUI defense attorney from our firm will examine every aspect of your test, including:

Whether the officer had lawful grounds to stop and arrest you
Whether testing procedures followed Washington State Patrol and Department of Health regulations
Whether the device used was properly maintained and calibrated
Whether blood samples were handled according to chain-of-custody standards

By identifying weaknesses in the prosecution’s evidence, your attorney can work toward a reduction or dismissal of charges.

Refusal and “Administrative” Penalties

Even if you are never convicted of DUI, refusing a breath or blood test can lead to Department of Licensing penalties. This is because DOL proceedings are separate from criminal court. You have a limited time—typically 7 days from arrest—to request a hearing to contest your license suspension. Missing this deadline means automatic suspension.

Key Takeaways

Washington’s implied consent law means you face automatic penalties for refusing a post-arrest breath or blood test.
Breath tests measure alcohol in your breath; blood tests measure alcohol or drugs in your blood.
Both types of tests are subject to strict procedures, and errors in those procedures can lead to unreliable results.

Why Legal Representation from a DUI Defense Attorney Is Essential

The consequences of a DUI conviction in Washington go far beyond fines and jail time. A conviction can impact your career, your insurance rates, your professional licenses, and your personal reputation. Whether you took a test, refused, or are accused of refusing, the steps you take immediately after your arrest can make all the difference.

At Tim Rusk Attorneys, we have the knowledge to challenge breath and blood test evidence, negotiate with prosecutors, and fight for the best possible outcome in your case. Our goal is to protect not only your legal rights but also your future.

If you have been arrested for DUI and faced a breath or blood test in Washington, do not navigate this process alone. Contact our team for a free, confidential consultation. Call (855) 846-7875 or contact us online today to discuss your options and start building your defense.

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Tim Rusk Attorneys – Tacoma, WA
1105 Tacoma Ave S, Suite C, Tacoma, WA 98402, United States
(253) 316 8468

Tim Rusk Attorneys provides trusted DUI defense throughout Tacoma and the surrounding areas. Whether you’re facing a first-time DUI or a more complex situation, our team is here to protect your rights and guide you through every step of the legal process.

Puyallup, Summit, Midland, Edgewood, Sumner, Frederickson, Spanaway.

Tim helped me out tremendously. He is honest, gives great advice, and is very wise at what he does. I would recommend him to anybody going through any criminal case. It is very easy to communicate with Tim, and he gets straight to the point. I appreciate everything he did for me. I am very pleased with the outcome of my case, and can’t thank him enough.

I can’t say enough good things about Attorney Tim Rusk. He’s professional, thorough, and genuinely dedicated to his clients. From the start, Tim took my case seriously and went the extra mile to make sure everything was handled the right way. His communication was clear and consistent, and his knowledge and experience really showed. Thanks to his hard work, my case was ultimately dismissed — the best possible outcome. I’m extremely grateful for his commitment and highly recommend him to anyone looking for an attorney who truly cares and delivers results.

My Attorney Tim Rusk is AWESOME! I was a wreck & he tolerated me, assured me that he was putting his all into winning my case, and he did just that. Mr. Rusk is a smart and professional attorney, who keeps you informed. Last but not least Attorney Tim Rusk made the process easier by being a down-to-earth person. Ask for Attorney Tim Rusk!

Tim Rusk and his assistants have never let me down. Tim has always been considerate of my mental health as well as my lively hood and is a very easy person to talk to and level with. I strongly recommend him to anyone that gets a DUI. His firm has also been very understanding while I transitioned jobs and always let me adjust payments when needed.

Thank you Tim Rusk you are the man! I really appreciate your excellent job!

I just wanted to Brag about how awesome my Lawyer Tim Rusk is. I am extremely glad to have decided to pay for a private attorney instead of keeping a public defender. Tim Rusk not only got my NCO amended very quickly but he got 3 charges (an assault 4, NCO violation, and a Theft 3) dismissed. If I ever need legal help again (fingers crossed I won’t) I know who I will be calling. Thank you Tim Rusk for all your hard work and dedication to setting the courts and legal system straight. Again thank you, thank you, thank you so much, you will never know how grateful I am.

The people at the firm are sincere, reliable, and very trustworthy. As long as you do your part they certainly do theirs. I’d like to give special thanks to Tim Rusk. He’s a good man to have on your team.

Tim Rusk was great. Communication was great and he was very helpful all the way through.

I strongly recommend Tim Rusk. I had a very great experience with him. He is very honest and knows the law very well. I had to fire my other lawyer because he couldn’t do the job. I very highly recommend Tim Rusk.

TIM RUSK IS AMAZING! So thankful I chose Tim Rusk to represent me in my case. I have never had to seek counsel before so the first day I met with Tim, I was terrified and did not really know what to expect. Right from the start he made me feel at ease, listened intently, and patiently answered all of my “rookie” questions. He’s sharp, professional, extremely knowledgeable, and has great relationships with the various prosecutors within the court system. But most importantly, he is true to his word. That first day Tim told me that his goal is to keep my record clean and that he’ll make it happen. Today was my final court date and my case will be dismissed! I couldn’t be more grateful. TIM RUSK IS THE GUY YOU WANT IN YOUR CORNER!

Tim Rusk did an amazing job working with me to make my case as easy as possible and was able to get a better outcome than I had anticipated. Definitely hire him if you ever need a lawyer for DUI.

I’m glad that when I googled DUI Defense Attorneys 11 months ago. I picked the right firm, Tim Rusk represented me and I couldn’t have asked for a better Attorney to represent me and to fight for my Constitutional rights the way that he did for me in this matter and with the tenacity and professionalism that he did. My case had special circumstances and was very different as well as very difficult and ended up in trial but the way that Tim Rusk fought for my Constitutional rights gave us the outcome of Acquittal Today with very little time of jury deliberation. Thank You, Tim, for everything you did for me during this difficult period in my life, Five stars are not enough so I hope that you read this because in this message even though you can’t see it is accompanied by the symbol of Liberty and Justice for all mentioned earlier today. Thanks Tim.

My experience with Tim Rusk was wonderful. I was a witness in my boyfriend’s criminal case he was found NOT GUILTY. Tim Rusk did an amazing job. He worked so hard to get justice for himself & did. He made me feel completely comfortable with everything and checked on me every step of the way. I would recommend Tim Rusk Attorneys to anyone that needs legal help. They are not just lawyers they are FAMILY TO ME. Thank you Tim Rusk for everything you’ve done for me & my growing family.

Tim Rusk was my attorney. I still can’t believe the positive outcome that he was able to attain. He was always available and quick to respond to my concern. I especially appreciate how kind he was to my family during this very anxious time.

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DUI: dismissed
Dismissed for no PC to arrest.

Unlawful possession of weapons: dismissed
Dismissed at filing Knapstad.

Fourth-degree assault: not guilty
Argued self-defense and the jury agreed. Jury was convinced enough to make the state pay my client’s entire legal fee.

Three counts of hate crime plus third-degree assault: not guilty
Client sprayed an Hispanic individual with bear spray for being a jerk to her.

DUI: not guilty
Client was pulled over for “driving while Mexican” (I literally argued this to the jury). The jury agreed this case was being viewed by the state through a lens of prejudice and found my client not guilty.

Second-degree assault with weapon enhancement: not guilty
Young man was facing several years of prison for protecting himself with a legally concealed hand gun. We argued self-defense and the jury found this client not guilty. The jury also required the state to pay client entire legal fee too!

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