By Riley S. Lovejoy, Attorney at Law - An officer has to read you the Implied Consent warnings prior to a breath or blood test. The Implied Consent law basically says that if you operate a motor vehicle in Washington, it is assumed you give consent to submit to a test of your breath or blood if you’re arrested for any offense where the arresting officer reasonably believes you were driving or in actual physical control of a motor vehicle while under the influence of liquor or drugs. To be valid, the Implied Consent warnings must be given before you are asked to provide a breath or blood sample. For you to properly decide whether to submit to a breath or blood test, the officer is required to advise you of your right to refuse the test and explain what will happen if you refuse. The law states that an Implied Consent warning is sufficient if “a person of normal intelligence” would understand the consequences of taking the test or refusing the test. The Implied Consent warning only guarantees you the opportunity to make a knowing and voluntary decision. So needless to say, arguing you were of subnormal intelligence at the time of the Implied Consent warnings is no defense.
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com
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