Seattle Criminal Attorney | New Breath Test Ruling Changes the Game
January 7, 2010Determining whether or not to take on a breath test if you were detained for DUI used to be a gigantic determination (which you should only do after consulting a Seattle criminal attorney). If you were asked to take a blood alcohol examination and refused, you were subjecting yourself to increased consequences for saying no, but had the benefit going forward of not having to battle blood alcohol examination results.
Well, currently it seems more and more possible that the state of affairs may arise where you may well decline a blood alcohol assessment, face the more stringent consequences for the refusal, and nevertheless be subject to giving blood alcohol results. Read the Seattle Criminal Attorney News Blog below to find out why.
Nearly all, if not all states, have created DUI laws that involve 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 cops have probable cause to suppose you are DUI. Built into these implied consent laws, however, is the capability to reject the blood alcohol assessment if you so choose (hopefully only after talking to a criminal attorney. The downside to refusal, however, is the imposition of more stringent punishments if found guilty of DUI (and a longer license revocation – for illustration, in Seattle, WA a refusal subjects you to a year license revocation as opposed to 90 days).
However, things have changed a little lately. The cops have begun going to judges and asking for search warrants when people reject blood alcohol tests. And quite a few courts have upheld this habit (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 thing is firm. If you have the facility to tell with an criminal attorney in Seattle before deciding whether or not to endure a blood alcohol test, you must do so. The issues revolving around breath examination refusal are getting more and more complicated each day, and the only way you can be positive you are doing what is best for you is by talking with an practiced DUI attorney and learning all of your options.
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