When you are arrested on suspicion of driving under the influence, you are legally required to take a chemical test. If police believe you are under the influence of drugs, you will be required to take a blood test, but most drivers will be asked to take a blood or breath test to evaluate how much alcohol is in their system. It is up to you to select which test to take, and each test has its benefits and drawbacks when it comes to the defense utilized by your San Diego DUI lawyer. Here are a few of the biggest differences between the two tests when it comes to alcohol testing.
Breath tests, performed with Breathalyzers, are generally regarded as less accurate and can be impacted by a number of factors including your diet, your body temperature, certain health conditions, environmental factors and more. If you were given a breathalyzer within an hour of regurgitation, even a belch, your test results will be inaccurate. Because there are so many things that can go wrong with these machines, these test results are often successfully disputed by San Diego DUI attorneys.
On the down side, breathalyzer tests do not provide a stored sample for future retesting, whereas blood tests do. If you believe you are genuinely not under the influence, blood tests can often be beneficial because if the test results come back positive, your San Diego DUI lawyer can retest the sample and he or she may get different results than the original test. Additionally, blood tests are often advantageous because they take longer to perform so your BAC may go down as you wait for your test.
With blood test, there are many procedures that must be followed to the letter in order for the sample to be properly prepared, tested and stored. If any of these procedures is performed incorrectly, your San Diego DUI attorney may be able to have the results withheld from your case. This is also why it is important to record everything you recall from your DUI arrest as soon as you are released. Even something as simple as how your arm was cleaned before the sample was removed could impact your case as using an alcohol swab could add additional alcohol into the test sample, causing your BAC to appear artificially high.
The ultimate decision of which test to take is up to you. Breathalyzer test results are easy to fight because they are less accurate, but blood tests require a number of important procedures that can void your results if performed improperly and you will also have a sample that can be retested later. Whichever decision you make, San Diego DUI lawyer Peter M. Liss can help you fight the BAC test results.
If you have any questions or would like to schedule a free initial consultation, by calling (760) 643-4050 or (858) 486-3024.
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