Well, now it appears more and more probable that the circumstances may come up where you might reject a blood alcohol examination, cope with the harsher punishments for the denial, and still be subject to giving blood alcohol results.
Nearly all, if not all states, have created DUI laws that incorporate implied consent laws. In short, 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 assessment if the cops have probable cause to suppose you are DUI. Built into these implied consent laws, though, is the facility to say no the blood alcohol assessment if you so desire. The downside to denial, however, is the imposition of harsher punishments if convicted of DUI (and a longer license suspension - for instance, in Seattle, WA a denial subjects you to a year license revocation as opposed to 90 days).
However, things have changed a little recently (which is why the Seattle Criminal Attorney's Blog is here - to let you know about it). The police have started going to judges and asking for search warrants when individuals refuse blood alcohol tests. And more than a few courts have upheld this way (the way the courts see 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 obtaining a search warrant.
One idea is sure. If you have the facility to speak with an DUI attorney in Seattle ahead of determining whether or not to take a blood alcohol analysis, you must do so. The issues revolving around breath test denial are getting more and more knotty every day, and the only way you can be confident you are doing what is best for you is by talking with an practiced Seattle criminal defense attorney and learning all of your options.
Related Posts:
Seattle Criminal Attorney | History of DataMaster
Seattle Criminal Attorney | Plea Bargaining
