The answer depends in part on your level of intoxication.
If you have been stopped on suspicion of driving under the influence of driving under the influence in California, you will hopefully have taken the advice of a Riverside DUI defense attorney and politely refused to take the field sobriety tests and the roadside breathalyzer tests. After all, unless you fall into certain categories (under 21 or on DUI probation), you are not required to take the roadside breathalyzer (also known as a preliminary alcohol screening, or PAS), and you are never required to take field sobriety tests.
If you are still arrested for a DUI, you will then be taken to a California police station, where you will face a choice. You will be told that you must take a chemical test to determine your blood alcohol content (BAC), and given the option between a blood test or a breath test. Which test should you choose — a blood or breath test? Which type of test would be recommended by a Riverside DUI defense attorney?
California DUI blood tests are far more accurate than DUI breath tests, and less likely to produce a false positive. In addition, by law, a portion of the blood test must be preserved so that a Riverside DUI defense attorney can perform an independent test on it. On the other hand, while DUI breath tests are fairly accurate, they are susceptible to challenge. They are far more unreliable than blood tests, and more likely to produce false readings than blood tests. A skilled Riverside DUI defense attorney can challenge the results of a DUI breath test in court, and introduce evidence that the results of the breath test given in a particular case were inaccurate.
So which type of test should you choose if you are arrested for a California DUI? The answer depends on how much you have had to drink — and whether or not you believe you are over or under the legal limit. While this can be hard to predict, a person might have a fairly good idea of whether or not they are actually intoxicated. Perhaps you had one drink after work, and are pretty positive that your BAC is under the legal limit of .08 percent. In that situation, you may want to request a blood test because its accuracy will be a benefit for you in proving that you were not intoxicated. But if you had three or four drinks and think that there is a good chance (or at least a decent possibility) that you may be over the legal limit, then a blood test is not a good option for you. A breath test may be the better choice as it will give your Riverside DUI defense attorney a better chance of challenging the accuracy of the results in court.
If you have been charged with a DUI in Riverside or the surrounding areas, you will need an aggressive lawyer to help defend you against these charges. The Chambers Law Firm will advocate on your behalf, and will work to ensure that you get the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
