(1) The refusal of a person to submit to a test of the alcohol concentration, THC concentration, or presence of any drug in the person’s blood or breath is not admissible into evidence at a subsequent criminal trial.

Terms Used In Washington Code 79A.60.700

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) A person’s refusal to submit to a test or tests pursuant to RCW 79A.60.040(4)(a) constitutes a class 1 civil infraction under RCW 7.80.120.