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Monday, May 3, 2010

If you are arrested for DUI, can you Argue that You have a Religious Objection to giving a Blood Sample? : DUI Edmonds, DUI Everett, DUI Lynnwood, DUI Attorney Marysville

By Riley S. Lovejoy – If you are arrested for DUI, can you refuse to provide a breath or blood sample based on a religious objection.  A Religious objection (Jehovah’s witnesses, etc.) may be a tough one to win, but we’ve raised and briefed this issue before.  The police reports confirmed that our client refused because she was concerned she would be excommunicated by the church if she submitted to a blood draw (an accident case).  The argument of course was that her constitutional right to freedom of religion is superior to the statutory authority for sanctions.  To date, courts have been wary to grant this exception.

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com

 

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