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After being arrested for suspicion of driving under the influence (DUI) in Los Angeles, the driver has to choose between taking a breath or blood test. In California, refusing to submit to either form of testing leads to the suspension of one’s driving license for a year. If the driver refuses to undergo the tests, they can be charged with both the DUI and the refusal to test, which both carry strict penalties.
In most cases, a driver will choose a breath test over a blood test. The reason for this preference is that some people are afraid of needles and may also want to avoid a test like the Breathalyzer that can detect drugs as well as alcohol. Additionally, police officers often recommend that individuals take the breath test, which is faster and easier to conduct at the police station. In contrast, a blood test requires the individual to be taken to a hospital, and the police officer must wait for a nurse or other healthcare professional to conduct the test, as well as wait for the lab results to come in.
A Breathalyzer test involves two separate samples with results that must be within two points of each other to be valid. The test analyzes deep lung air or alveolar air, and for the sample to be effective, the individual must breathe deeply into the device. If the breath sample is too weak, the device will return an “insufficient sample” result. This usually occurs when people fail to blow into the device with enough force. In some cases, the driver may have underlying health conditions, such as asthma or COPD, which can significantly reduce their ability to provide a large breath sample.
If an individual refuses to take either a breath or blood test, the DMV will suspend their driving license for a year. Furthermore, they can be charged with both a DUI and a refusal to test, which can lead to mandatory jail time. If the Breathalyzer test produces an insufficient sample, the police officer may ask the individual to take a blood test as an alternative.
In conclusion, it is to have a skilled Los Angeles DUI attorney to help navigate the complexities of a DUI case. The attorney can investigate the Breathalyzer test and scrutinize the evidence related to the hair tests. Suppose you or someone close to you has been arrested for a DUI offense in Los Angeles. In that case, contact Todd Spodek, a highly-experienced DUI attorney, who can guide you through the legal process and protect your rights in court.
| Drivers have the right to choose a breath or blood test after a DUI arrest | Refusing to take either test can lead to a driver’s license suspension for a year | The Breathalyzer test is a fast and easy option conducted at police stations |
| Some people opt for a breath test because of a fear of needles or not wanting to take a test that detects drugs | The Breathalyzer test requires two separate samples with the results being two points within each other to be valid | A weak breath sample can cause the device to produce an “insufficient sample” result |
| A blood test requires the driver to be taken to a hospital and have a healthcare professional conduct the test | Refusing to take a breath or blood test can also result in a charge and mandatory jail time | A skilled Los Angeles DUI attorney can help assess the results of a breath test and provide legal assistance during a DUI case |
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