Tuesday, April 15, 2008

You must take Breath or Blood Test if arrested for a California DUI

California DUI criminal defense attorney news

California DUI lawyers are often asked by people arrested for a California DUI if they HAVE to take a chemical test: Yes is the answer. Except if you are over 21 you do not have to blow in the voluntary, small hand-held breath test gadget.

You are required by California DUI law to submit to a California DUI chemical test to determine the alcohol and/or drug content of your blood. You did not submit to or complete a California DUI blood or California DUI breath test after being requested to do so by a California DUI peace officer. As of January 1999, a California DUI urine test is no longer available unless:

The California DUI officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or
Both the California DUI blood or California DUI breath tests are not available, or
You are a hemophiliac, or
You are taking anticoagulant medication in conjunction with a heart condition.

California DUI attorneys warn California DUI arrestees if they fail to take the required blood or breath test, a forced blood draw may occur and the California DUI prosecutor will use it against you with a consciousness of guilt jury instruction; California DMV will also use it against you to take your license for at least one year in a California DUI refusal hearing. www.SanDiegoDrunkDrivingAttorney.net