| Deciding whether or not to take a breath test if you | | | | good motive, I guess), have started going to judges |
| were arrested for DUI used to be a big decision. If you | | | | and asking for search warrants when people refuse |
| were asked to take a blood alcohol test and refused, | | | | blood alcohol tests. Now, this doesn't happen all the |
| you were subjecting yourself to higher penalties for | | | | time, but when it does, and the cops can get a judge |
| refusing, but had the advantage moving forward of not | | | | to sign off on a warrant (which is pretty frequently), |
| having to fight blood alcohol test results. Fighting a DUI | | | | they cops can come and take a blood sample and |
| is much easier without test results, if you were willing | | | | check your blood alcohol level. And several courts |
| to face higher potential penalties. Well, now it seems | | | | have upheld this practice (the way the courts see it, |
| more and more likely that the situation may arise | | | | the refusal has to do with the implied consent laws, not |
| where you could refuse a blood alcohol test, face the | | | | necessarily your right to be free from searches - that |
| harsher penalties for the refusal, and still be subject to | | | | is covered by the fourth amendment, which can be |
| giving blood alcohol results. | | | | overcome by demonstrating probable cause to a |
| Most, if not all states, have created DUI laws that | | | | judge and getting a search warrant. |
| include implied consent laws. In short, these laws state | | | | So what does all of this mean for you? It means that it |
| that if you drive on the road in the state where an | | | | is possible that if you are pulled over, investigated and |
| implied consent law exists, you are impliedly consenting | | | | arrested for DUI, and refuse the test, that you could |
| to a breath test if the cops have probable cause to | | | | potentially face the higher penalties for refusing a test |
| believe you are DUI. Built into these implied consent | | | | and still be stuck with test results because a warrant |
| laws, however, is the ability to refuse the blood alcohol | | | | was gained for your blood alcohol results. Granted, the |
| test if you so choose. The downside to refusal, | | | | cops don't actually have the time or the money to do |
| however, is the imposition of harsher penalties if | | | | this in all cases, so they will probably limit themselves to |
| convicted of DUI (and a longer license suspension - for | | | | accident cases and other cases they deem a priority, |
| example, in Seattle, WA a refusal subjects you to a | | | | but the possibility still exists and is something that |
| year license suspension as opposed to 90 days). But | | | | needs to be considered before you decide whether or |
| the upside to refusal was that you always got to fight | | | | not to take a breath test. |
| your DUI without having to deal with a blood alcohol | | | | One thing is certain. If you have the ability to speak |
| test (although you had to rebut the presumption that | | | | with an attorney before deciding whether or not to |
| you refused because you were drunk - which is easy | | | | take a blood alcohol test, you should do so. The issues |
| to do), a much easier road to climb. | | | | revolving around breath test refusal are getting more |
| But, things have changed a little recently. The cops, | | | | and more complex every day, and the only way you |
| maybe because they are tired of people refusing to | | | | can be sure you are doing what is best for you is by |
| take a blood alcohol test and beating their DUI or | | | | speaking with an experienced lawyer and learning all |
| maybe because they are bored, or maybe because | | | | of your options. |
| they are trying to fight crime (it could actually be a | | | | |