Do not think that refusing a test and having no BAC on record will help you avoid a DUI conviction, let alone penalties. Under RCW 46.20.308, all drivers give implied consent. Therefore, if you refuse a test, you will be penalized not only by the criminal courts but the Department of Licensing. Your refusal will also be used against you, and if convicted, you will face the penalties of a person with a BAC of 0.15 or less.