There are three types of post-arrest tests available in California
Many California driving under the influence (DUI) tests rest on the results of a blood alcohol concentration (BAC) test. For most drivers, the “legal limit” is .08% BAC, although this number is lower for anyone under the age of 21, people who are driving commercial motor vehicles, and people currently on DUI probation.
While a person can still be convicted of a DUI if their BAC was under the legal limit, many cases rely on the results of chemical tests that show a driver’s BAC at the time that they were driving. As a DUI defense attorney in Riverside, CA can explain, a law enforcement officer may ask you to take a pre-arrest breathalyzer test when you are stopped at the side of the road. Unless you are on DUI probation or under the age of 21, you are not required to take this test. However, if you are arrested on suspicion of DUI, then you will be required to a chemical test to show your BAC. While you can refuse to take a test, it will result in additional penalties.
There are three types of post-arrest chemical tests: breath, blood, and urine tests. While prosecutors and the police may argue that these tests are scientific and therefore foolproof, there are a number of ways that these tests can return false positives. Your DUI defense attorney in Riverside, CA can use their knowledge of the system, as well as testimony from expert witnesses, to demonstrate that your DUI test result was not accurate.
Breath tests are taken using a breathalyzer machine, such as the Intoxilyzer. The police must follow specific procedures when asking a person to take a breath test, such as making sure that the person has not recently burped or vomited, which can skew the results of the test.
Blood tests involve taking a blood sample from the driver, and then sending it to the laboratory to be analyzed. As with breath tests, specific procedures must be followed to ensure that the test is accurate. For example, the person administering the test must make sure that the blood is drawn within a certain period of time after police saw the driver operating their vehicle.
Finally, urine tests involve taking a urine sample from a suspect and then sending it to a laboratory for analysis. It is most often used with drivers who police believe are under the influence of drugs.
If you are arrested on suspicion of driving under the influence, you will be told that you have a choice as to whether to submit to a test, the consequences of refusing, and given your option of a breath or blood test (or urine, in some situations). Generally, blood tests are the most accurate of the three types of tests. More importantly, when you have a blood test, your DUI defense attorney in Riverside, CA can request that part of the sample be preserved for independent testing. You cannot do this with a breath or urine test. For this reason, many attorneys recommend taking a blood test, so that they can have the sample tested by an independent laboratory.
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