Seattle DUI Attorney | Should You Take a Breath Test?
Determining whether or not to take on a breath assessment if you were detained for DUI used to be a important determination (that should only be made after talking to a Seattle DUI attorney). If you were requested to endure a blood alcohol assessment and refused, you were subjecting yourself to elevated punishments for saying no, but had the benefit moving onward of not having to contest blood alcohol analysis results.
Well, now it appears more and more possible that the circumstances may come up where you might say no a blood alcohol analysis, handle the more stringent costs for the refusal, and still be subject to giving blood alcohol results.
Nearly all, if not all states, have created DUI laws that include 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 assessment if the police possess probable cause to think you are DUI. Built into these implied consent laws, though, is the capability to decline the blood alcohol test if you so choose. The downside to denial, however, is the imposition of worse consequences if convicted of DUI (and a longer license suspension – for example, in Seattle, WA a refusal subjects you to a year license revocation as opposed to 90 days).
But, things have changed a little recently. The cops have begun going to judges and asking for search warrants when people say no blood alcohol examinations. And numerous courts have upheld this habit (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 demonstrating probable cause to a judge and obtaining a search warrant.
One idea is assured. If you have the ability to tell with DUI attorneys Seattle ahead of deciding whether or not to take a blood alcohol examination, you ought to do so. The issues revolving around breath assessment refusal are getting more and more knotty every day, and the only way you can be sure you are doing what is best for you is by talking with an qualified Seattle DUI defense attorney and learning all of your options.
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