Pros and Cons of the DUI Tests Lawyers
What Kind of Tests are Done to Determine BAC?
There are three types of tests used to determine blood alcohol level. In some places you will be allowed to choose one of the three, where as in others you will not. Some places do not use all three tests. The three tests are:
- The Breath Test/Breathalyzer: this test is the most common test and measures blood alcohol in the breath by having you breathe into a machine. It is highly inaccurate because it assumes your breath comes from the lungs, but it may actually measure alcohol residue in the mouth, esophagus, or digestive system. Also, burping, using mouthwash or breath spray, or eating a breath mint can all lead to inaccurate results. This test is not saved and so cannot be analyzed later by you or your attorney. The breath test only measures the presence of alcohol in the system.
- The Blood Test: this test is the most accurate test and it measures the presence of alcohol and drugs in your blood. It requires the police to draw a sample of your blood for testing.
- The Urine Test: this test is the least accurate and the least reliable. Some places do not even use the urine test because of how inaccurate it is. Also, the time between your last drink and when you were tested can have a significant impact on the test. This test also measures the presence drugs as well as alcohol.
Which Test Should I Take?
If you have the option of choosing which test to take, it is important to remember that the blood test is the most accurate. If your last drink was awhile ago and you have not had a breath mint or used breath spray, the breath test might also be a good choice. Because of how inaccurate both the breath and urine tests can be, even if you are sure you aren't over the legal limit, these tests might indicate otherwise.
Field Sobriety Tests
If you are pulled over for drunk driving, the officer will usually first ask you to submit to a field sobriety test, which often requires reciting the alphabet backwards, line-walking, and the finger-to-nose test, among other things. These tests are voluntary and you do not have to submit to them. Studies have shown these tests are designed to make you fail and so provide more evidence for the officer to arrest you for drunk driving.
Can I Refuse to Take a DUI/DWI Test?
If you are arrested for drunk driving DUI DWI, the police will ask you to submit to a test to determine your blood alcohol level. While you can refuse these tests in most places, refusal can have serious consequences. In a small number of places, the police can physically restrain you to draw blood. It is more common for your license to automatically be suspended for certain periods of time (e.g., three to six months, or even a year) if you refuse to take a test. Also, the prosecutor can introduce your refusal at trial as evidence.
I Have Been Arrested for Drunk Driving DUI DWI, Do I Need a Lawyer?
If you have been arrested for drunk driving DUI DWI, you should consult an attorney immediately to learn about your rights and defenses. In some places (Arizona and Kansas for example) you are allowed to consult an attorney to help you decide which test to take. Because of the many complicated issues surrounding drunk driving DUI DWI arrests, a lawyer experienced in this matter can be very important.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-10-2011 01:41 PM PDT
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