California Law requires a person who is suspected of driving under the influence of alcohol to submit to a blood or a breath test to determine their blood alcohol concentration.
Breath tests are less accurate and reliable than directly testing the blood. Breath testing for alcohol involves the use of a device that the subject blows deep lung breath through a tube and into a chamber that traps a measured amount treats the air with chemicals then provides a reading of blood alcohol concentration. Because of the complex conversion of expelled air analysis compared with a person’s blood alcohol concentration, all breath-testing devices have deficiencies that provide opportunities for error.
Blood tests are the most reliable of all tests to determine the blood-alcohol concentration as long as the blood sample is drawn from the person by properly trained professional and is tested in a certified laboratory by a scientist or a trained technician. The police often will attempt to prevent a person from taking a blood test if its in their best interest but telling him or her that it is not necessary because they failed the breath test.
Most police agencies in California now will forcefully restrain a person and take their blood without their permission if a person refuses to give a blood or a breath test because California Courts have authorized this procedure.
For more information about California DUI Blood and Breath Tests contact attorney Scott D. Hughes at 714-423-6928.
Scott Hughes is a DUI and Criminal Defense lawyer in Orange County, California practicing in State and Federal Court.