Determining whether or not to take a breath examination if you were arrested for DUI used to be a substantial decision (that should be done only after speaking with a Seattle DUI attorney). If you were requested to endure a blood alcohol examination and said no, you were subjecting yourself to higher consequences for saying no, but had the advantage moving ahead of not having to contest blood alcohol assessment results.
Well, nowadays it seems more and more likely that the situation may arise where you may well say no a blood alcohol analysis, face the worse punishments for the denial, and nevertheless be subject to giving blood alcohol results. Read the Seattle DUI Attorney News Blog to find out how.
Nearly all, if not all states, have fashioned DUI laws that include implied consent laws. In short, 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 police possess probable cause to think you are DUI. Built into these implied consent laws, however, is the capacity to say no the blood alcohol analysis if you so desire. The downside to refusal, however, is the imposition of harsher consequences if found guilty of DUI (and a longer license revocation – for case, in Seattle, WA a denial subjects you to a year license revocation as opposed to 90 days).
But, things have changed a bit recently. The police have begun going to judges and asking for search warrants when people refuse blood alcohol tests. And quite a few courts have upheld this tradition (the way the courts 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 indicating probable cause to a judge and obtaining a search warrant.
One idea is assured. If you have the ability to converse with an Seattle DUI lawyer before determining whether or not to take on a blood alcohol examination, you should do so. The issues revolving around breath test refusal are getting more and more complex every day, and the only way you can be sure you are doing what is best for you is by speaking with an experienced Seattle DUI attorney and learning all of your options.
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