Blood & Breath Chemical Tests for DUI
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n San Diego, there are two chemical tests typically given to determine DUI, or a driver's blood alcohol content. They are a chemical test and a breath sample test, and neither are voluntary once a driver is in custody on suspicion of DUI. In California, all motorists are agreeing to an "Implied Consent" Law by simply maintaining a California Drivers License.
In most DUI cases in San Diego, a urine test is not typically available as an option to a blood or breath test except for in some instances where the subject is hemophiliac or has some other medical or physical condition causing a blood sample to be inappropriate, and breath testing is not available or otherwise applicable.
Chemical Blood Tests to Determine BAC & DUI
A blood test is considered the most accurate method of measuring Blood Alcohol Content. A blood test is not voluntary in California once a driver is under arrest, or in police custody. In San Diego, a blood test must be administered by a certified phlebotomist with current licensing. A blood test is administered when a driver is suspected of driving under the influence of drugs, or a combination of drugs and alcohol. If a person refuses a blood test once in custody for drunk driving, they will be charged with a DUI penalty enhancement for "Chemical Test Refusal" and be punished more severely. Results of blood test are usually more difficult to contest in court than breath test resultsChemical Breath Tests to Measure BAC & DUI
A DUI breath test has a higher margin of error than a chemical blood test. Results from a breath test sample are often easier for an attorney to dispute in court. A breath test sample will not determine a driver has ingested drugs or narcotics. For a breath test sample to be admissable as evidence in a DUI case, the breath testing machine used to determine a driver's BAC must have been properly operated, calibrated, and maintained, with records attesting to proper adherence of routine servicing and repair requirements. Alcohol Breath Testing Machine results can be affected and skewed by Radio Frequency Interference Certain medical or dental conditions can make a disqualify breath testing as an appropriate method for measure BAC.Summary of Blood & Breath Alcohol Testing in California
If given the choice between a blood or breath test, most DUI attorneys advise choosing the breath test. It is important to note that the handheld breathalyzer, or PAS ( Preliminary Alcohol Screening Device ) administered at roadside is NOT a mandatory test for California drivers 21 years of age or older. Minors under 21 years old must submit to any test requested by a San Diego Law Enforcement Officer under California's Zero Tolerance Laws.
John E. Dui is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
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