Differences Between Breath and Blood Tests
No matter how intoxicated or sober you appear to be to the highway patrol officer, you will undoubtedly be asked or told to take a breath test, a blood test, or both. In order to understand your charges, or what should be done in case of future traffic stops, you need to understand these tests.
A breath test will most commonly be administered curbside using a small breathalyzer device that reads blood alcohol concentration (BAC) levels in your breath. In this scenario, this is actually a field sobriety test akin to standing on one leg or walking in a straight line. Ask the officer if it is indeed being given as a field sobriety test; if the answer is yes, you should be able to refuse it without any immediate legal repercussions.
A blood test is a chemical test performed back at the station - other forms of chemical tests include urine analysis and a more advanced form of breath testing. If the police want to test your blood to get a BAC level reading, you should almost never refuse. What they likely have not told you is that if you refuse a chemical test, your license will be immediately revoked through the DMV, and almost no amount of legal work can get it back.
Fight back against your chemical test with a powerhouse defense attorney
One thing law enforcement will tell you is that their breath and blood tests are incredibly accurate, providing definitive proof of your intoxication. Do not be intimidated. The truth is that an experienced DUI defense attorney can challenge the results of any chemical test through creative litigation strategies. For example, did they use excessive force or unlawful persuasion to draw your blood? Or was the breathalyzer poorly calibrated and showed a spiked BAC level? We will explore every option to defend your rights.
Don't try to challenge a blood or breath test alone. Let us help you take control of your crisis. Contact us online or call 480-378-9000 today.