Seattle Criminal Attorney | Decision to Take a Breath Test Just Got Harder

Determining whether or not to endure a breath analysis if you were seized for DUI used to be a important decision (one that probably shouldn’t be made without talking to a Seattle criminal attorney. If you were asked to undergo a blood alcohol analysis and said no, you were subjecting yourself to higher penalties for saying no, but had the advantage moving forward of not having to battle blood alcohol test results.

Well, nowadays it seems more and more probable that the situation may take place where you may well reject a blood alcohol examination, cope with the more stringent penalties for the denial, and yet be subject to giving blood alcohol results.

Nearly all, if not all states, have fashioned DUI laws that incorporate implied consent laws. In brief, these laws state that if you drive on the road in the state where an implied consent law exists, you are impliedly consenting to a breath analysis if the cops have probable cause to believe you are DUI. Built into these implied consent laws, though, is the ability to say no the blood alcohol analysis if you so opt. The downside to refusal, though, is the imposition of more stringent penalties if convicted of DUI (and a longer license revocation – for case in point, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).

However, things have changed a bit recently that make more important the need to talk to a DUI attorney. The police have begun going to judges and asking for search warrants when individuals say no blood alcohol examinations. And more than a few courts have upheld this system (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 representing probable cause to a judge and getting a search warrant.

One idea is certain. If you have the facility to tell with a Seattle criminal attorney prior to determining whether or not to take on a blood alcohol assessment, you must do so. The issues revolving around breath analysis denial are getting more and more knotty each day, and the only way you can be confident you are doing what is most excellent for you is by speaking with an skilled DUI attorney and learning all of your options.

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Seattle Criminal Attorney | Plea Bargaining

Seattle Criminal Attorney | You Can’t Talk Your Way Out of a Charge

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