Well, nowadays it appears more and more likely that the situation may take place where you might reject a blood alcohol assessment, face the more stringent consequences for the denial, and nonetheless be subject to giving blood alcohol results.
Most, if not all states, have fashioned DUI laws that incorporate implied consent laws. In brief, these laws state that if you drive on the thoroughfare in the state where an implied consent law exists, you are impliedly consenting to a breath examination if the cops have probable cause to think you are DUI. Built into these implied consent laws, however, is the facility to say no the blood alcohol assessment if you so decide. The downside to denial, however, is the imposition of worse costs if found guilty of DUI (and a longer license revocation - for case in point, in Seattle, WA a denial subjects you to a year license suspension as opposed to 90 days).
But, things have changed a bit recently that really worry us criminal attorneys. The cops have started going to judges and asking for search warrants when people decline blood alcohol tests. And quite a few judges have upheld this practice (the way the courts perceive it, the denial 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 indicating probable cause to a judge and obtaining a search warrant.
One detail is assured. If you have the facility to tell with criminal attorneys Seattle before deciding whether or not to take on a blood alcohol analysis, you should do so. The issues revolving around breath test denial are getting more and more complicated every day, and the only way you can be certain you are doing what is best for you is by speaking with an practiced Seattle DUI attorney and learning all of your options.
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