Drunk Driving Defense, DUI Arrest - FAQs
8. Do I even have a choice in the matter of taking a chemical test? What happens if I do not?
In the state of California, the two most commonly administered chemical tests are breath and blood tests. If the arresting officer is suspicious of drug use, or if breath and blood samples are unavailable, a urine test can be taken. One important fact, that many officers fail to inform the suspect, is the option to have a blood test taken after the breath test. The reason for this being that the breath test sample will not be available for the defense later on.
Between the three chemical tests, blood samples are typically the most precise. The technology used for breath tests are notorious for flaws and errors that cause unreliable test results. Least trustworthy of the three is urinalysis.
