In driving under the influence (DUI) cases in California, you have specific rights. For instance, unless you are under 21 or presently on probation for a DUI, you are not required to do a preliminary alcohol screening (PAS, often known as a roadside breathalyzer test) if you are pulled over on suspicion of driving under the influence.
However, you must submit to a chemical breath or blood test if you are detained on suspicion of DUI. On rare occasions, a motorist could ask to submit to a urine test. If you refuse, there will be extra repercussions, such as a one-year license suspension. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with a DUI attorney.
There are benefits to requesting a blood test
There are certain benefits to requesting a chemical blood test. It allows for independent assessment of your blood sample but is undoubtedly more invasive and uncomfortable than a breath test, which only asks you to blow into a machine. Breath samples, unlike blood, cannot be stored for further testing.
When the police collect a blood sample from you, they split the blood into two vials. This is known as a blood split. You’ll be tested for blood alcohol content using one of the vials (BAC). If you ever decide to have your blood tested by a different lab in the future, the other vial is saved.
Drivers who are detained on suspicion of DUI have the option to submit to a blood test. However, they are necessary if a police officer has a good faith belief that a driver is impaired by drugs, if a breathalyzer is unavailable, or if the driver is unable to submit to a breath test. Without a warrant, the police cannot make a driver submit to a breathalyzer against their consent.
Why we might file a blood split motion
Your DUI attorney may file a blood split motion if you submitted to a blood test. This is a legal form that asks for a sample of your blood to be separated for separate analysis. The burden of proof rests on the defendant to disprove the accuracy of the state’s chemical test results, which are presumptively accurate. That is what a blood split test can detect.
Independent testing results can show that a driver had less alcohol in their system than the police reported. This is crucial if state test results reveal that the driver’s BAC was higher than the legal limit of .08 for most drivers. Independent testing can be used to prove that a person had only a small amount of drugs in their system or to otherwise undermine the prosecution’s case in cases when a driver is accused of operating a vehicle while under the influence of drugs.
Finally, a blood split motion can be used by a DUI attorney to contest the validity of a blood test. When drawing chemical blood samples, law enforcement must adhere to particular rules. The test results must be hidden if they don’t comply. These kinds of infractions can be revealed by a blood split motion.
Call us today for help
Chambers Law Firm has handled a variety of DUI cases, including drug-related DUI. To ensure that each of our clients receives the best outcome, we vigorously defend them. To learn more or to arrange a free initial consultation with a DUI attorney, call us at 714-760-4088 or email dchambers@clfca.com.
