Should you take a breath or blood test?
Oakland California DUI Lawyer
One of the most important questions that you would ask your DUI defense attorney if you had the chance when stopped for drinking and driving would be this: Should you take the Breathalyzer test? Should you take the blood test?
This question is critical, because if you refuse the test, you may be denied the right to have a limited driver’s license for driving to work. DMV could take your license for a year or longer.
Blood / Breath Test Rights
The legislature has made it very difficult for you to flat out refuse to take a breath or blood test without risking the loss of your license for a long time. Therefore, based on my thirty years as a DUI defense lawyer , I usually advise people that it doesn’t pay to refuse the test.
However, my experience can shed light on which test to take. After 30 years of defending DUI clients, I usually advise people that if they are just leaving a bar and just had a drink before leaving, it would be best to take the blood test, because that last drink has not yet been absorbed completely into the blood. A breath test taken shortly after drinking will usually show a hight result than a blood test taken at the same time. But if you are arrested a couple of hours or more after your last drink, studies have shown that the breath test will be slightly lower than a blood text taken at the same time. So deciding which test to take usually depends on when you had your last drink.
Drunk Driving Attorney
These are but a couple of examples of why I am consistently able to neutralize police evidence brought into court against DUI clients. Juries like tests, but in fact, the tests are not nearly as foolproof as the numbers might lead juries to believe. Variations in the way and timing of the test can mean all the difference, especially when the law applies the strict threshold of.08 blood alcohol content.
Regardless of what field sobriety tests you took or didn’t take, if you have been arrested for DUI / DWI, contact me ASAP! I can help ensure that you get the best defense available in central and northern California.
My office is conveniently located to serve clients in Northern & Central California including: Walnut Creek, Oakland, Vallejo, Fairfield, Napa, Fremont, Hayward, Concord, Martinez, Richmond, Susanville, Redding, Red Bluff and Contra Costa, Alameda, Solano, Shasta, Lassen, and Tehama counties. But I will fly to where you are, if necessary, should we both decide that I’m the DUI lawyer you choose to defend your case.
