Well, at the present it seems more and more probable that the circumstances may arise where you could refuse a blood alcohol assessment, face the more stringent punishments for the refusal, and in spite of everything be subject to giving blood alcohol results.
Nearly all, if not all states, have created DUI laws that incorporate implied consent laws. In brief, 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 test if the cops have probable cause to think you are DUI. Built into these implied consent laws, however, is the facility to decline the blood alcohol examination if you so opt. The downside to refusal, however, is the imposition of more stringent costs if found guilty of DUI (and a longer license suspension - for instance, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).
However, things have changed a little lately. The police have begun going to judges and asking for search warrants when individuals reject blood alcohol examinations. And numerous judges have upheld this system (the way the judges 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 demonstrating probable cause to a judge and obtaining a search warrant.
One thing is assured. If you have the capacity to tell with DUI attorneys Seattle before determining whether or not to take a blood alcohol analysis, you should do so. The issues revolving around breath test denial are getting more and more complicated every day, and the only way you can be certain you are doing what is best for you is by talking with an knowledgeable Seattle DUI defense attorney and learning all of your options.
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