Breath and blood testing is a standard practice enforced by police officers, for any person pulled over for hazardous driving or for anyone who upon being pulled over, gives indication of being intoxicated. In the state of California, if you are over 21, you are required to submit to chemical BAC (blood alcohol level) testing, under the Implied Consent law. According to the DMV, upon receiving your driver's license you consent to a chemical test if pulled over as a suspect of drunk driving.
It is important to understand pre-arrest versus post-arrest breath tests. A pre-arrest breath test is voluntary whereas post-arrest breath tests are required by law and a refusal to submit to these can extend your license suspension period and cause you to incur harsher penalties all around, such as criminal charges.
Furthermore, when you refuse a breath or blood test, you simply incriminate yourself further, giving the court more ammunition against you. While refusal to take blood or breath tests does not give the prosecution this evidence against you, it is considered a more hazardous decision by an individual. While breath is less accurate than blood, neither is fool-proof. Breath machines do not often render the most reliable tests as scenarios such as dental problems or heartburn problems can cause mouth-alcohol error. Speak with a Rancho Cucamonga DUI defense attorney from our firm today to learn how we can help you fight your breath or blood test results.
Blood testing can be inaccurate depending on factors such as: contamination from the alcohol swab, failure to mix the preservative and anti-coagulant in the blood sample properly, or as only one sample is drawn, if there are problems with the sample, there are subsequent holes in the prosecution's case. The results of breath and blood tests can be challenged by legal experts. Many factors can cause these tests to yield unreliable results. Contact our firm today to contest your test results!