Wash. Rev. Code » Title 46 · Chapter 46.61
Revised Code of Washington

Wash. Rev. Code § 46.61.517 (2026)

Refusal of tests—Admissibility as evidence

✓ current as of May 2026
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The refusal of a person to submit to a test of the alcohol or drug concentration in the person's breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial. The refusal of a person to submit to a test of the person's blood is admissible into evidence at a subsequent criminal trial when a search warrant, or an exception to the search warrant, authorized the seizure.
[ 2017 c 336 s 10; 2001 c 142 s 1; 1987 c 373 s 5; 1986 c 64 s 2; 1985 c 352 s 21; 1983 c 165 s 27.]

Notes:

Finding—2017 c 336: See note following RCW 9.96.060.
Legislative finding, purpose—Severability—1987 c 373: See notes following RCW 46.61.502.
Severability—1985 c 352: See note following RCW 10.05.010.
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Notes of Decisions
Cited in 18 cases, 1984–2016 · leading case: State v. Baldwin, 109 Wash. App. 516 (Wash. Ct. App. 2001).
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State v. Baldwin, 109 Wash. App. 516 (Wash. Ct. App. 2001). · cites it 11× “308(2); RCW 46.61.517. Logan Baldwin was stopped on suspicion of driving under the influence.”
State v. Baldwin, 37 P.3d 1220 (Wash. Ct. App. 2001). · cites it 11× “308(2); RCW 46.61.517. Logan Baldwin was stopped on suspicion of driving under the influence.”
State v. Zwicker, 713 P.2d 1101 (Wash. 1986). · cites it 9× “See RCW 46.61.517 (enacted July 1, 1983). The jury returned a guilty verdict, and the defendant was sentenced to 3 days in jail and 100 hours of community service.”
State v. Long, 778 P.2d 1027 (Wash. 1989). · cites it 11× “The 1985 and 1986 amendments to RCW 46.61.517, the statute governing admissibility of refusal evidence, make such evidence probative of guilt or innocence and admissible in a prosecution's case in chief.”
City of Fircrest v. Jensen, 143 P.3d 776 (Wash. 2006). · cites it 3× “The implied consent statute, passed in 1969, states that any person who operates a motor vehicle within the state has consented to have his or her blood or breath tested for purposes of detecting the presence of alcohol or other drugs. Consent can be revoked by refusal to submit…”
City of Spokane v. Kruger, 803 P.2d 305 (Wash. 1991). · cites it 4× “[8] In contrast, Kruger's refusal to take the Breathalyzer test is admissible against him under RCW 46.61.517, which provides: The refusal of a person to submit to a test of the alcoholic content of the person's blood or breath under [the implied consent statute] is admissible…”
State v. Cohen, 125 Wash. App. 220 (Wash. Ct. App. 2005). · cites it 6× “Under RCW 46.61.517, a refusal to submit to a breath test is admissible in criminal prosecutions: “The refusal of a person to submit to a test of the alcohol or drug concentration in the person’s blood or breath under RCW 46.”
State v. Whitman Cnty. Dist. Court, 714 P.2d 1183 (Wash. 1986). · cites it 3× “To arrive at its decision, the District Court held that the evi-dentiary statute, RCW 46.61.517 (enacted July 1, 1983), purported to admit irrelevant and prejudicial evidence and thus was void.”
Frank v. Dep't of Licensing, 859 P.2d 1248 (Wash. Ct. App. 1993). · cites it 4× “308(2), remains accurate after *587 the Legislature amended RCW 46.61.517 in 1986. 2 We find that it does and affirm.”
Graham v. Dep't of Licensing, 784 P.2d 1288 (Wash. Ct. App. 1990). · cites it 2× “Former RCW 46.61.517 2 provided: The refusal of a person to submit to a test of the alcoholic content of his blood under RCW 46.”
Bennett v. Dir. of Revenue, 889 S.W.2d 166 (Mo. Ct. App. 1994). “that his or her refusal to take the test may he used in a criminal trial,’ ” that warning was insufficient because a different statute (Wash.Rev.Code § 46.61.517) and a subsequent judicial decision interpreting that statute supposedly made refusal evidence admissible and…”
State v. Cohen, 104 P.3d 70 (Wash. Ct. App. 2005). · cites it 4× “Under RCW 46.61.517, a refusal to submit to a breath test is admissible in criminal prosecutions: "The refusal of a person to submit to a test of the alcohol or drug concentration in the person's blood or breath under RCW 46.”
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