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DUI Arrest: Breath or Blood Test?
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45+ Years Criminal Defense

Experience in California

If I am arrested for a DUI, should I choose the breath test, or the blood test?

The police are supposed to offer only a blood or breath test, unless neither is available in which case a urine test is possible.

Analysis of a blood sample is generally the most accurate, while breath machines are susceptible to a number of problems. Therefore, if you are confident that you are sober, a blood sample is the wise choice, otherwise take the breath test. Remember, only with the blood test is a sample secured for later retesting at an independent laboratory if you or your attorney sees fit to do so.
Do not, under any circumstances, refuse any test all together. This will result in a one year license suspension in California, without the ability to get a restricted license during that 12 month suspension.


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