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Choosing a Chemical Test During a DUI Investigation

Here’s a great article by Zooomr – a premier platform to sell/ buy used cars in India. They help consumers get great deals on used cars in Delhi and cities like Chandigarh. If a police officer has reasons enough to suspect that you are driving under the influence of either alcohol or drugs, they are obligated to stop you on the spot and administer your choice of the chemical test in determining your blood alcohol content (BAC). Just like the majority of states in the US, California laws require you to submit to a chemical test only if the law enforcement officer has reasonable suspicion of your being impaired.


If for instance you stumbled during one of their multiple field sobriety tests or you actually admitted in a conversation with them that you had taken a few drinks or you were otherwise over speeding, that gives the police sufficient and reasonable suspicion. Upon getting stopped for suspected DUI, you will want to consult with your Los Angeles DUI attorney to get appropriate guidance on the most appropriate test in accordance with your peculiar circumstances.


Do you Have the Right to Choose Between the Different Chemical Tests?


Chemical test for DUI cases has three main components, namely urine, breath and blood tests. You do have the right to select one among the methods mentioned above. However, if your chosen method is unavailable, you will be compelled to choose again from among the available tests. If for instance, the police department has a malfunctioning breathalyzer, you will be required under the Californian DUI law to take the blood test; you can resort to the less accurate urine test in the event that both the breath and blood tests are unavailable.


However, there are exceptions for instances in which you can refuse to be tested. For instance, if you have hemophilia or you are taking anticoagulants for a certain heart condition, you will not be mandatorily required to take a blood test, irrespective of the availability of the other options or lack thereof.


How Do You Choose a Chemical Test?


If you are given an option to choose among urine, blood or breath test, you shouldn’t allow the situation overwhelm you. Experienced Los Angeles DUI lawyers will agree that taking the breath test is only advisable if you only had a mild drink, a single beer or a glass of wine, in which case your BAC will be well below 0.05%. If your BAC is shown to be under 0.08%, no sane prosecutor will try your case, especially because the results from a breath test will be displayed automatically on the breathalyzer, making it clear that you were sober all along. You will also want to choose the breath test because it is the least invasive method among the three, while also being the easiest to argue in the event that you are charged with DUI and arraigned in court.


On the other hand, you may consider taking the blood test if you are certain that you’re below 0.08% or you haven’t finished one hour since you took your last drink. The reason is that your body takes time to absorb the alcohol, in which case the breath test would give an erroneously high value. Therefore, if your last drink was less than an hour ago, choose the blood test over the breath test.


The urine test is considered the least reliable among the three chemical tests available. You can only choose the urine test if the blood and breath tests are unavailable. If for instance the police department’s breathalyzer is out of order and there is no available professional to take a blood sample, the law will allow urine test as a last resort.


Choosing between the blood and breath test can be a difficult decision. However, with the assistance of Los Angeles DUI attorneys, this seems like child play. Such lawyers will not only help you in understanding the repercussions of a DUI conviction in the state of California but also discuss the strengths and weaknesses of each chemical test depending on the peculiar circumstances of your case.

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