Your Riverside DUI lawyer can request independent testing of the sample.
Being arrested for driving under the influence (DUI) can be an incredible traumatic event. What was likely a fun night out quickly turns serious, as you find yourself in handcuffs and then at the police station. You are then asked to make a decision: do you want to take a blood test or a breath test?
Under California law, you are required to take a chemical test after being arrested for a DUI. This will typically be either a blood or breath test, although in some cases, you may request a urine test. If you refuse the test, you will be subjected to additional penalties, including a mandatory one year license suspension. So what test do you choose — blood or breath?
As a seasoned Riverside DUI lawyer will explain, the best choice for many drivers arrested for a California DUI is a blood test. The reason why is simple: your attorney can required a sample of the blood taken to have it independently tested by filing what is known as a “blood split” motion. By testing your blood at an independent lab, your Riverside DUI lawyer can cast doubt on the accuracy of the police’s test results. Your attorney may also be able to argue that you were not actually intoxicated or unable to operate a vehicle safely, which is particularly important if you have been arrested based on that part of the California vehicle code, rather than for having a blood alcohol content (BAC) of .08 percent or higher (or, if you are under the age of 21 or driving a commercial vehicle, a BAC of .05 percent or .04 percent, respectively).
In California, there are two ways that you can be charged with driving under the influence of alcohol — either for having a BAC above the legal limit, or for driving when you were actually impaired. You can also be charged with a DUI of drugs for driving when you are impaired, or for driving when you are impaired by the combination of alcohol and drugs. Obtaining a blood split for independent testing is particularly important in cases where you are not accused of having a BAC above the legal limit, because your Riverside DUI lawyer can argue that you were not truly impaired.
Your attorney can also use a blood split motion to demonstrate that law enforcement violated regulations when taking your blood sample, such as by failing to collect enough blood to allow for a blood split, or contaminating the sample. This could ultimately lead to the evidence of your chemical blood test being suppressed — which your Riverside DUI lawyer could use to argue for a more favorable deal or even a reduction or dismissal of the charges.
For these reasons, a chemical blood test is typically the better choice if you are arrested for a DUI. The Chambers Law Firm is here to help if you are facing a DUI charge. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
