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Breath, blood or urine test? If I’m arrested, which one do I choose?

If you have been arrested for a DUI, a police officer must inform you that you have the choice between taking a blood, breath, or urine test to determine your blood alcohol content. This law is know as “Implied Consent” and is mandated under Vehicle Code section 23612. This section basically states that you acknowledge that due to the privilege of being licensed to drive a motor vehicle, you consent to one of these tests if a police officer suspects you of DUI.

So which one should you choose?

The safest bet is to choose the blood test. First, the breath test (typically known as EPAS, which is distinct from the handheld PAS device that police officers use at the scene of the vehicle stop) can be done fairly quickly. By electing a blood test, the officer will usually be forced to take you to a hospital to have your blood drawn by a medical professional. This process can often be time-consuming, and a good DUI lawyer can seize on this time-lapse to help your defense.

For similar reasons, urine tests should also be avoided; in addition, urine tests can be very inaccurate.

Keep in mind that the Implied Consent law requires that that you must take one of these tests. You cannot refuse if you have been arrested for a DUI. If you refuse to do any test, you will only be making your case worse, as not only will you suffer from having your license automatically suspended, but the prosecution can use your refusal as evidence against you in court.

If you arrested for a DUI, IMMEDIATELY contact attorney Matthew C. Tabo at (916) 504-2660 to help you. Having a knowledgeable and experienced DUI attorney by your side is your best bet at possibly beating the charges–and securing a better future.

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