Do not take a breath test at the scene prior to an arrest. You do not have to agree to that. After an arrest, you must take a blood or breath test or lose your license to drive. Technically, not consenting to a breath DUI test is grounds to lose your driving privileges, which can result in up to a 12-month suspension of your license (or longer if prior actions).
What Happens If You Do Not Take A DUI Breath Test In Los Angeles, CA?
After you refuse to agree to take the DUI breath test or blood test, you will be taken into police custody. The officer will take you to the police station and probably get a search warrant for a blood draw. Once this test is administered after refusing, even if you are found to have a legal BAC, you will lose your license for 12 months.
What To Say If A Police Officer Asks You If You Have Been Drinking
If you have been drinking and are stopped by a police officer who asks, you are best off telling them, “I want an attorney and do not want to answer questions”, or something along those lines. It is important to remember in these situations that anything you say can and will be used against you in a court of law. This means that admitting you have been drinking and how many drinks you have had could be self-incriminating evidence. Furthermore, lying is even worse than incriminating yourself, as it can lead to even worse punishments, and longer sentencing.
Put simply, if you have been drinking and are asked by a police officer, you should opt to not incriminate yourself, and not lie about it either. While you may lose your driving privileges until your trial, not discussing how many alcoholic beverages you have had is less likely to get you in major trouble from a DUI charge in Los Angeles, California.
Why You May Be Better Off Not Blowing On The DUI Test
If you choose not to submit to a breath test, time is on your side. It will take a while for the police officers to get you back to the station in order to process you and get a blood test drawn. You won’t have to answer the questions directly.
However, it is also viewed by some attorneys and judges that refusal to blow on the breathalyzer test implies guilt, and therefore warrants a DUI charge. But, more often than not, a skilled DUI attorney in Los Angeles can help you get around this claim.
Is Blood DUI Test Or Breathalyzer Test More Accurate?
The main reason you are better off not blowing on the DUI test and requiring the police officers to administer a blood test is accuracy.
If you are well aware that you are under the legal limit, it is in your best interest to choose the blood test because of accuracy. Breath tests are known for a wider margin of error.
The results can be skewed by alcohol-containing products, even mouthwash. There are certain energy drinks which have been known to create false positives, or a falsely higher test result. This is something you will want to be cognizant of if you mix your alcohol with energy drinks of any kind.
If you are unsure whether you are below the line, but you think you might be, you can opt for the breathalyzer knowing that if tried for a DUI, your attorney can challenge the accuracy given the aforementioned precedent for inaccuracy.
Regardless, you should always be aware of how much you are consuming. Pay attention to the time, the food you eat, what else you drink, and maybe even calculate your potential BAC before you get behind the wheel.
Which DUI Test Will You Likely Have To Take?
When you are pulled over for potential drinking, you will be asked to take the breathalyzer, as this is the most common test. If you insist, you can take the blood test—but again, down at the station. In almost all situations you will most likely be presented with the breath test first and foremost.
Contact Jon Artz today if you’ve been arrested for DUI in Los Angeles.
