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Your Options for a Chemical Test During a DUI Stop in California
If you get pulled over on suspicion of driving under the influence (DUI) in California, law enforcement has the right to request that you take a chemical test. A chemical test determines your blood alcohol content (BAC) and can either be a breath, blood, or urine test. So, what are your options regarding a chemical test, and how do you determine which one to select?
Your Rights to Choose a Chemical Test During a DUI Stop
Under California law, you have the right to choose a chemical test if a law enforcement officer has reasonable suspicion that you are driving under the influence. However, if the method you choose is not available, you will have to select from any remaining options.
Exceptions to Taking a Chemical Test During a DUI Stop
There are some cases where you may refuse to take a chemical test. For example, if you have hemophilia or are taking anticoagulants for a heart condition, you won’t have to take a blood test even if other options aren’t available.
Selecting the Chemical Test During a DUI Stop
You may wonder how to select the chemical test while under the pressure of a DUI stop. Generally speaking, only an experienced Los Angeles DUI attorney can provide guidance tailored to the specifics of your case. However, here are some tips that may help.
Breath Test
Taking a breath test could be a wise decision, especially if you’ve only had one or two mild drinks, such as a single beer or a glass of wine. If your BAC shows as less than 0.08%, it’s highly unlikely that a prosecutor would press a DUI charge against you. Additionally, a breath test is less invasive than a blood test and easier to dispute if you are charged with a DUI and have to go to court.
Blood Test
If you believe that you’re under 0.08%, or it’s been less than an hour since you had a drink, a blood test would likely be preferable over a breath test. Your body needs time to absorb alcohol, and if you’re tested during that period, a breath test may return misleading results. Therefore, you would want the accuracy of a blood test, especially if you haven’t finished absorbing the alcohol.
Urine Test
A urine test is considered the least reliable among the three, but it may be the only option if neither a breath nor a blood test is available. For instance, if the breathalyzer is out of order, and no professionals are available to take a blood sample, you’d have to take a urine test.
Legal Assistance During a DUI Stop
In conclusion, taking a chemical test during a DUI stop could be crucial in fighting against a DUI charge in court. Choosing the right test could be challenging, but with the assistance of Los Angeles DUI attorneys, you’ll gain better comprehension of the implications of a DUI conviction in California. Further, they’ll use their expertise to review the strengths and weaknesses of each chemical test and provide recommendations based on your case’s specifics.
| Chemical Test | Advantages | Disadvantages |
|---|---|---|
| Breath Test | The least invasive method that is easy to argue in court. | The results could be misleading and inaccurate for drivers with BAC over 0.08%. |
| Blood Test | Most accurate and reliable method for determining BAC levels. | It’s an invasive method and could be considered more uncomfortable than other options. |
| Urine Test | It’s non-invasive and could be an alternative if there isn’t a breathalyzer available. | It’s the least reliable method with the most significant room for error. |
| Reasons for Refusal | Exceptions |
|---|---|
| Fear of needles, blood, or medical settings | None |
| Religious, cultural or moral beliefs | None |
| Physical restrain or disability | The driver will have to undergo a reasonable alternative test if available. |
| Medical conditions or circumstances | The driver may refuse to take a blood test if he/she has a bleeding disorder, such as hemophilia. The law will also exempt the driver from a blood test if he/she is taking an anticoagulant. |
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