Can a DUI Lawyer Seattle Help Me If I Refused a BAC Test?

In Seattle, it is possible to be arrested for driving under the influence of alcohol and to face criminal sanctions based on your refusal to take a blood alcohol test. A blood alcohol test, or a BAC test, is a test to determine if you are driving when over the legal limit. If you refuse this test, you need to call a DUI lawyer Seattle right away since you refusal can have serious consequences.

Refusing to Take a Blood Alcohol Content Test

Any DUI lawyer Seattle will tell you that there is a rule in Washington State referred to as “implied consent.” When you drive in Washington State, this is tantamount to giving implied consent to take a breath test if law enforcement requests that you do so. As such, refusal to take a blood alcohol content test has consequences.

Your DUI lawyer Seattle is the best person to explain to you the potential consequences associated with your BAC test refusal. For example, a refusal to take a BAC test could result in a one-year administrative driver’s license suspension from the Department of Motor Vehicles. This is actually a longer suspension of your license than you would receive for a first conviction for DUI, as the suspension for a first DUI conviction is only for three months. The evidence that you refused to take a BAC test can also be used against you in court.

How a DUI Lawyer Can Help

While refusal to take a BAC test in Seattle has serious consequences, a DUI lawyer may be able to help you to minimize or avoid the consequences you face. There are a number of possible different courses of action that your DUI lawyer Seattle can help you to consider in defending yourself and in avoiding a license suspension or criminal sanctions on the basis of refusing a blood alcohol content test.

One option that your Seattle DUI lawyer may help you to explore is claiming that your constitutional rights were violated by law enforcement. While you give implied consent to taking a breath test while driving in Seattle, this does not mean that you give up your Fourth Amendment rights against unreasonable search and seizure. As such, law enforcement must have just cause for pulling you over in the first place and they also need to have just cause for asking you to take a BAC test. Your Seattle DUI lawyer can help you to build an argument that there was no reasonable cause and that the attempt to get you to take a breath test was thus an unreasonable search and seizure and a violation of your constitutional rights.

If law enforcement did not inform you of your implied consent obligations or of your rights when you were pulled over, your lawyer of Baltimore DWI/DUI laws may also be able to help you to argue that your constitutional rights were violated. This, too, can help you to avoid the consequences associated with a refusal to take a blood alcohol content test.

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