Contact Us

Practices > Riverside and Orange County DUI Lawyers > The Chemical Test

Criminal Defense Lawyer Serving all of...
Riverside, Los Angeles, Orange, San Bernardino & San Diego Counties

THE CHEMICAL TEST

Under California law, anyone suspected of and arrested for DUI is required to submit to a chemical test to determine the blood alcohol concentration of that person. A refusal to submit to such a test can carry higher penalties for you in the long run. Under the law, you have a choice of giving a breath sample or a blood sample. If you refuse to provide either, the police agency can elect to force a blood draw from you.

THE BREATH TEST

If you elect to provide a breath sample, you will be asked to blow into the breathalyzer machine twice. What the officer is looking for are two samples within .02% of each other for accuracy. There are many things that can affect your breath sample. For example, if you burped or threw up recently, you would have a higher concentration of alcohol in your mouth, commonly known as “mouth alcohol” and would therefore give a false reading. For this reason, the law requires that the officer observe you for a full 15 minutes prior to administering a breath test. They will be making sure you didn’t chew gum, eat mints, burp, vomit, etc…

Read on to learn more about breath testing.

THE BLOOD TEST

If you elect to provide a blood sample, the officer will bring you to an area with a licensed nurse who will do the blood draw. Once you receive the rsults of your blood test, if you feel they are wrong, you should contact your attorney at WILL & WILL, LLP immediately. We have experienced independent criminologists that can re-analyze the blood that was drawn from you after the DUI arrest.



Contact us Today for a FREE Consultation

Practice Areas