If you have been arrested for drunk driving, you are legally required to submit a breath or blood sample for testing. While the decision is ultimately up to you, it is always wise to be educated about the benefits and drawbacks of each option.
Breath tests, aka “breathalyzers,” are known to be less accurate, so if your blood alcohol level (BAC) is close to the legal limit, your Vista DUI attorney can argue that the margin of error on the test is too high to prove your guilt.
On the other hand, breath tests do not allow for a stored sample, which means your lawyer cannot retest the sample through an independent lab to reveal any mistakes in handling or testing procedures. This is possible with blood tests. Blood tests also take a while longer, so your BAC may decrease while you wait to be tested.
Ultimately, the decision is yours to make: do you want to take a more accurate test where your sample can be retested or take a less accurate test with a sample that cannot be replicated?
If you have any questions, please call Peter M. Liss at (760) 643-4050.
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