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Blood, Breath, or Urine Analysis?

In San Diego, all licensed drivers are automatically subject to California’s Implied Consent Laws. “Implied Consent” legislation means that every person who applies for a California Drivers License automatically consents, or agrees, to voluntarily subject themselves to a Blood or Breath Alcohol test if arrested on suspicion of Driving Under the Influence of alcohol and/or drugs.

Many drivers confuse the optional roadside hand held breathalyzers and field sobriety tests (walk and turn, horizontal gaze, one leg stand) for the mandatory tests required if a person is actually arrested. Adults who are not on probation, or who are not otherwise required by law to cooperate, may opt to refuse the hand held preliminary breathalyzer and coordination exercises when requested to perform these tests by a police officer at roadside. Conversely, minors under the age of 21, subject to California’s Zero Tolerance laws, must submit to preliminary roadside breath and balance tests even if not under arrest.

Once a driver has been arrested on suspicion of DUI, he or she MUST submit to a breath or blood test upon arrival at the police station or booking facility. Under California Laws, drivers are entitled to elect which type of test they prefer, a blood or breath test. In the event that the police officer believes you are under the influence of drugs, your choices will then be either a blood or urine test. You do not have the right to insist on a Urine Analysis test if this procedure is not available by the arresting agency.

If once under arrest, you refuse to submit to a chemical test, the officers will force a blood sample, and you will automatically lose your driving privileges for at least one year.

If you are sure that you have no traces of drugs or alcohol in your system, you may want to choose a blood test, as you will be entitled to a sampling of the blood to have tested at an independent laboratory.

If you choose a breath test, you should be aware that this method of sampling for the presence of alcohol is less reliable than a blood test, and may allow more opportunity for your defense attorney to later disprove.

Blood, Breath, or Urine Analysis?

In San Diego, all licensed drivers are automatically subject to California’s Implied Consent Laws. “Implied Consent” legislation means that every person who applies for a California Drivers License automatically consents, or agrees, to voluntarily subject themselves to a Blood or Breath Alcohol test if arrested on suspicion of Driving Under the Influence of alcohol and/or drugs.

Many drivers confuse the optional roadside hand held breathalyzers and field sobriety tests (walk and turn, horizontal gaze, one leg stand) for the mandatory tests required if a person is actually arrested. Adults who are not on probation, or who are not otherwise required by law to cooperate, may opt to refuse the hand held preliminary breathalyzer and coordination exercises when requested to perform these tests by a police officer at roadside. Conversely, minors under the age of 21, subject to California’s Zero Tolerance laws, must submit to preliminary roadside breath and balance tests even if not under arrest.

Once a driver has been arrested on suspicion of DUI, he or she MUST submit to a breath or blood test upon arrival at the police station or booking facility. Under California Laws, drivers are entitled to elect which type of test they prefer, a blood or breath test. In the event that the police officer believes you are under the influence of drugs, your choices will then be either a blood or urine test. You do not have the right to insist on a Urine Analysis test if this procedure is not available by the arresting agency.

If once under arrest, you refuse to submit to a chemical test, the officers will force a blood sample, and you will automatically lose your driving privileges for at least one year.

If you are sure that you have no traces of drugs or alcohol in your system, you may want to choose a blood test, as you will be entitled to a sampling of the blood to have tested at an independent laboratory.

If you choose a breath test, you should be aware that this method of sampling for the presence of alcohol is less reliable than a blood test, and may allow more opportunity for your defense attorney to later disprove.