Should I consent to a chemical test to determine my blood alcohol concentration?
In the State of California, as in almost all states, a driver is required to submit to a chemical test of his blood, or breath upon request of the police officer. In California, as an example, the following adverse consequences can occur if you do not consent if asked:
- Your drivers license will be suspended by the Department of Motor Vehicles for 1, 2 or 3 years depending upon the circumstances and whether or not you have prior DUI convictions. This drivers license suspension may even be upheld if you are subsequently found not guilty of the drunk driving charge.
- In the trial of the DUI charge in a court of law, your refusal will in all probability be introduced by the prosecution as evidence of your “consciousness of guilt”. Without a doubt, however, a competent DUI defense attorney will offer other reasons for your refusal. The decision to refuse a chemical test is one not to be made lightly. If you believe that submitting to a chemical test will produce evidence of a high blood alcohol concentration, must be weighed by an individual against the consequences for refusing to submit.
Which chemical test should I choose?
In the State of California, as in many states, the police officer will offer you a choice of breath, or blood tests. If you choose breath, at the completion of the test, you are allowed to ask the officer for a second test of either blood so that your defense attorney can run an independent test to compare the results against the breath test. It is important to remember, that if you are concerned that there may be any substance in your body, other than alcohol, then by all means only select only breath and do not take a second test of blood or urine.
Should I consent to the chemical test? If so what test? The most accurate test is a blood test. The next most accurate test is breath. If you are sure of your sobriety, then choose blood. Or in the alternative, I would take a breath test and ask for a blood test as a second test.