If you ever find yourself in the unfortunate predicament of being suspected of DUI (Driving Under the Influence) in California, you might recall the wise words of a seasoned DUI defense lawyer advising you to politely decline taking field sobriety tests and roadside breathalyzer examinations. This is a particularly crucial point unless you fall into specific categories (under 21 or on DUI probation). The roadside breathalyzer, also known as a preliminary alcohol screening (PAS), isn’t mandatory, and field sobriety tests are never obligatory.
Upon arrest for DUI, however, you will be taken to a local police station where a vital decision awaits you. You will be informed that a chemical test to determine your blood alcohol content (BAC) is compulsory, and you’ll have a choice: a blood test or a breath test. Which one should you opt for, and what would a DUI defense lawyer recommend?
Read on to learn more about this topic. If you have been arrested for a DUI, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
Weighing the Options: Blood Test Versus Breath Test
Blood tests in DUI cases in California are much more accurate than breath tests, which means they are less likely to yield false positives. Moreover, by law, a portion of the blood sample must be conserved for an independent test conducted by a DUI defense attorney. Breath tests, on the other hand, while fairly precise, are open to contention. They are considerably less reliable than blood tests, with a higher chance of producing false readings. A knowledgeable DUI defense attorney can challenge the results of a DUI breath test in court, presenting evidence that the test results in a given case were inaccurate.
Considering the amount you’ve had to drink and whether you believe you’re over or under the legal limit, your choice of test will depend on your situation. Estimating this might be tricky, but a person might have a rough idea of whether they’re truly impaired.
Maybe you had a single drink after work and are fairly confident your BAC is below the legal limit of 0.08 percent. In that situation, a blood test might be the right choice, as its accuracy could help prove your sobriety.
However, if you’ve had several drinks and think there’s a good chance you may be above the legal limit, a blood test might not be your best bet. A breath test might be a better choice as it would give your DUI defense attorney a higher chance of questioning the accuracy of the results in court.
Should you find yourself facing DUI charges, you’ll need an assertive lawyer to help defend you. The Chambers Law Firm will fight for your rights and work diligently to secure the best possible outcome for your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
