A DUI blood test may be given after arrest instead of a breath test in Vista or anywhere in California if the officer reasonably suspects drugs in your system, you request a blood test, the official breathlyzer is not working properly or available, also if you refuse any test and the officer may get a warrant for a forced blood draw or may draw it over your objection if there are exigent circumstances allowing a forced blood draw without a warrant. A refusal to take a test, blood if required or breath, will result in a loss of license by DMV for a year on a first offense regardless what happens in Court with the criminal case if the officer followed the proper refusal protocol.
The officer can always ask you to take a DUI blood test in addition to a breath, and if the breath test you took when pulled over was a P.A.S. field breath test, then you still have to take an official breath or blood test. You should have a consultation with an experienced DUI defense attorney where all the facts and circumstances of your specific arrest and testing can be examined and your questions answered.
Christoph Law Offices have handled over 3000 DUI cases over the last 30+ years across from the Vista Courts. There are a number of possible isssues with “drunk driving” chemical testing, both blood and breath. There are a number of factors which can influence the results of both breath and blood tests as well as requirements for the performance of these tests. Call 760-670-3885 for a free consultation.
