Well, at the present it appears more and more probable that the circumstances may occur where you might decline a blood alcohol test, face the more stringent penalties for the refusal, and in spite of everything be subject to giving blood alcohol results.
Most, if not all states, have created DUI laws that incorporate implied consent laws. In short, these laws state that if you drive on the highway in the state where an implied consent law exists, you are impliedly consenting to a breath test if the police possess probable cause to think you are DUI. Built into these implied consent laws, however, is the ability to reject the blood alcohol examination if you so desire. The downside to denial, however, is the imposition of harsher costs if found guilty of DUI (and a longer license suspension - for case, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).
But, things have changed a little of late. The cops have started going to judges and asking for search warrants when individuals say no blood alcohol examinations. And numerous courts have upheld this tradition (the way the judges 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 representing probable cause to a judge and getting a search warrant.
One idea is definite. If you have the capability to have a word with a Seattle DUI attorney before deciding whether or not to take on a blood alcohol assessment, you must do so. The issues revolving around breath test refusal are getting more and more knotty every day, and the only way you can be certain you are doing what is best for you is by reading the Seattle DUI Attorney Blog and talking with an qualified Seattle DUI defense attorney and learning all of your options.
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