Well, nowadays it appears more and more probable that the situation may surface where you might say no a blood alcohol assessment, handle the more stringent consequences for the refusal, and still be subject to giving blood alcohol results (and trust me when I say this is not a law firm marketing effort).
Most, if not all states, have fashioned DUI laws that involve 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 police have probable cause to believe you are DUI. Built into these implied consent laws, though, is the capability to say no the blood alcohol analysis if you so opt. The downside to denial, though, is the imposition of harsher consequences if convicted of DUI (and a longer license revocation - for illustration, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).
However, things have changed a little recently. The cops have started going to judges and asking for search warrants when individuals reject blood alcohol examinations. And more than a few courts have upheld this tradition (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 indicating probable cause to a judge and getting a search warrant.
One thing is certain. If you have the capability to have a word with an DUI attorney in Seattle ahead of deciding whether or not to endure a blood alcohol test, you must do so. The issues revolving around breath analysis refusal are getting more and more complicated each day, and the only way you can be sure you are doing what is most excellent for you is by speaking with experienced Seattle DUI attorneys and learning all of your options.
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