Well, now it appears more and more possible that the state of affairs may arise where you might say no a blood alcohol test, handle the worse penalties for the refusal, and in spite of everything be subject to giving blood alcohol results.
Most, if not all states, have created DUI laws that involve implied consent laws. In brief, these laws state that if you drive on the street in the state where an implied consent law exists, you are impliedly consenting to a breath test if the police possess probable cause to suppose you are DUI. Built into these implied consent laws, however, is the capability to say no the blood alcohol assessment if you so opt. The downside to denial, though, is the imposition of more stringent costs if found guilty of DUI (and a longer license revocation - for case, in Seattle, WA a refusal subjects you to a year license suspension as opposed to 90 days).
But, things have changed a little recently. The police have started going to judges and asking for search warrants when people say no blood alcohol examinations. And numerous courts have upheld this system (the way the courts see 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 getting a search warrant.
One detail is firm. If you have the capability to talk with an DUI attorney in Seattle prior to deciding whether or not to take a blood alcohol test, you ought to do so (and this is not just some law firm internet marketing scheme - it's really important). The issues revolving around breath analysis refusal are getting more and more knotty each day, and the only way you can be positive you are doing what is most excellent for you is by talking with an experienced Seattle criminal attorney and learning all of your options.
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