Well, at the present it seems more and more possible that the state of affairs may take place where you could decline a blood alcohol analysis, cope with the harsher penalties for the denial, and nevertheless be subject to giving blood alcohol results.
Most, if not all states, have fashioned DUI laws that involve implied consent laws (any Seattle DUI attorney will tell you they violate the Constitution, but I digress). In brief, these laws state that if you drive on the boulevard in the state where an implied consent law exists, you are impliedly consenting to a breath examination if the police possess probable cause to believe you are DUI.
Built into these implied consent laws, however, is the capability to decline the blood alcohol test if you so decide. The downside to refusal, though, is the imposition of worse consequences if found guilty of DUI (and a longer license suspension - for case, in Seattle, WA a denial subjects you to a year license suspension as opposed to 90 days).
But, things have changed a bit lately. The police have started going to judges and asking for search warrants when individuals refuse blood alcohol tests. And quite a few courts have upheld this habit (the way the judges perceive it, the refusal has to do with the implied consent laws, not necessarily your right to be free from searches - that is covered by the fourth amendment, which can be overcome by demonstrating probable cause to a judge and getting a search warrant.
One thing is certain. If you have the ability to speak with Seattle DUI attorneys prior to determining whether or not to take on a blood alcohol test, you must do so. The issues revolving around breath analysis refusal are getting more and more complex each day, and the only way you can be sure you are doing what is most excellent for you is by speaking with an qualified DUI attorney and learning all of your options.
Related Posts:
Seattle DUI Attorney | 911 Calls
Seattle DUI Attorney | Vehicle Searches
