If you are
arrested for a DUI in Orange County, you are obligated under California’s
implied consent law, found at California Vehicle Code Section 23612, to take either a blood test or a breath test to determine your blood-alcohol
content. You do NOT have the right to consult with your Orange County DUI defense Attorney before choosing which test to take.
Moreover, if you REFUSE to take either the breath test or the blood test, the
police can obtain a search warrant and take your blood by force. Not only will
the police have the blood evidence to support the DUI charge, but you will also
be charged with a refusal to take a blood or breath test. This will carry extra penalties,
including jail time, and a much longer license suspension from the DMV.
arrested for a DUI in Orange County, you are obligated under California’s
implied consent law, found at California Vehicle Code Section 23612, to take either a blood test or a breath test to determine your blood-alcohol
content. You do NOT have the right to consult with your Orange County DUI defense Attorney before choosing which test to take.
Moreover, if you REFUSE to take either the breath test or the blood test, the
police can obtain a search warrant and take your blood by force. Not only will
the police have the blood evidence to support the DUI charge, but you will also
be charged with a refusal to take a blood or breath test. This will carry extra penalties,
including jail time, and a much longer license suspension from the DMV.
So, which
test should you take? Well, most DUI defense lawyers in Orange County agree that there is no “clear cut”
answer. A breath test is not as accurate as a blood test. But this inaccuracy
can work to your adventive IF you are in the elimination phase. That is, if all
of the alcohol you consumed has moved from your stomach to your blood and your
body is now eliminating that alcohol. If you are in the absorptive phase, where
all the alcohol has not yet been absorbed into your bloodstream, then the
breath test will actually read higher than your true blood-alcohol.
An advantage
of the breath test is that there are more defenses for your DUI Lawyer to work with in court. For example, a low carbohydrate diet
may cause a slightly higher reading on a breath test. Also, diabetes may also
cause a higher reading. Mouth alcohol, which is alcohol that has moved from the
stomach to the mouth, can also give a false high reading. These defenses are
NOT available with a blood test.
of the breath test is that there are more defenses for your DUI Lawyer to work with in court. For example, a low carbohydrate diet
may cause a slightly higher reading on a breath test. Also, diabetes may also
cause a higher reading. Mouth alcohol, which is alcohol that has moved from the
stomach to the mouth, can also give a false high reading. These defenses are
NOT available with a blood test.
A major
disadvantage to the breath test is that it is usually given at the scene of the
arrest and thus close to the time of driving. A blood test on the other hand is
given at the police station, jail or hospital. It usually takes an hour or two
from the time of driving before a blood test can be given. This window of time
gives your DUI defense attorney room to argue that your blood
alcohol content at the time of driving was much lower than at the time the test
was given.
disadvantage to the breath test is that it is usually given at the scene of the
arrest and thus close to the time of driving. A blood test on the other hand is
given at the police station, jail or hospital. It usually takes an hour or two
from the time of driving before a blood test can be given. This window of time
gives your DUI defense attorney room to argue that your blood
alcohol content at the time of driving was much lower than at the time the test
was given.
If you’ve
been arrested for a DUI, DUI
with injury, or DUI
with a prior DUI conviction, call The Law Offices of EJ Stopyro at (949)
559-5500 today for a free and confidential consultation. You can also visit us
online at www.ejesquire.com. We have
offices at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano,
CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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