One question a DUI attorney will often get is if a chemical test, such as a blood or breath test, should be provided to law enforcement when pulled over. The following information will help you better understand which type of chemical test you should submit to after arrest:
Assessment Type
In some states, you will not have a choice in the type of chemical assessment you will receive. Typically, the police office will ask for a test before an arrest is made, including field sobriety tests or a breath test. An attorney will often advise against taking these assessments if you are not currently arrested as it can lead to a solid case against you. However, if you have been arrested, you will be required to submit to a test, in which case you can discuss your options with your attorney.
Blood Tests
Blood tests are the more accurate of the chemical testing methods. They are highly unlikely to provide a false response. The officer will draw blood that will be retained for the case. If your attorney requests a sample, this will be where it comes from in order to have it fully examined in an independent lab. This can be beneficial because you will have an independent, non-biased report of your specimen.
Breath Testing
A breath test is much less accurate than a blood test when measuring alcohol levels. It is also known to occasionally provide a false positive report if you are below the legal limit. You may even be able to challenge the results with your attorney if you truly feel you were not intoxicated at the time you were arrested.
If you feel you were over the legal alcohol limit, the breath test is better to submit if you have a choice because the results are not as easy to defend in front of a judge. This will allow your lawyer to dispute the results of the test in order to get a better result.
If you are truly wondering which chemical test is better, it is really going to depend on your situation. Your DUI attorney will need to be called when you are arrested to help you determine which test will be better. Your lawyer will also help you develop a solid defense strategy if you do not have a favorable result in your test. When you are arrested, you need to get an attorney on your side as soon as possible. Contact a firm like Mesenbourg & Sarratori Law Offices for more information.
