If you have been stopped by a police officer for suspicion of driving under the influence (DUI) you will likely be asked to submit to a breathalyzer test. While it is true that you have the right to refuse this test, if you are placed under arrest you will be required to submit to chemical tests under California’s implied consent law. California’s implied consent law refers to California Vehicle Code (CVC) section 23612 which states:
A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.
Learn more about CVC Section 23142.
If you are placed under arrest for suspicion of driving under the influence and you have to submit to a blood or breath test, which one should you take?
Accuracy of blood and breath tests in a DUI
Whether you should request a blood or breath test depends on the circumstances. Typically, a blood test is more accurate. If you feel strongly that when arrested you were under the legal blood-alcohol content (BAC) limit of 0.08% then a blood test would likely be your best option for proving it.
Breathalyzer tests have a larger margin for error with many factors contributing to inaccurate breathalyzer test results. An experienced DUI attorney can often challenge breathalyzer test results, depending on the circumstances of your case. Some factors considered include:
- Skill and experience of the tester
- Quality of the equipment used
- Officer lacked breathalyzer training
- Breathalyzer not calibrated
- Breathalyzer not properly maintained
- Test not properly administered
Despite popular beliefs, there are no tricks to beating a breathalyzer test. The best choice is to never put yourself in that position in the first place. It is best to be aware of how much you drink before you consider driving, the consequences could be serious if you don’t.
Contact an experienced DUI defense attorney
If you or a loved one has been charged with DUI, you need to contact an experienced DUI defense attorney as soon as possible. At the Law Office of Gregory W. Fox we have successfully defended clients facing DUI charges and offer free initial consultations to confidentially discuss the details of your case. If you would like to make an appointment please call (559) 222-5800. In most instances an appointment can be scheduled for the same day.