DUI Attorney Advice: Which Chemical Test Is Best After Arrest

Law Blog

One major question a DUI lawyer will often receive is whether or not a breath or blood test (also known as a chemical test) should be submitted if an individual is stopped by the police for drinking and driving. In many states, a blood draw is required at some point in the process. However, the question many people want to know is which assessment is best to submit to after arrest.

Which Assessment is Best?

The answer is going to vary from state to state, but generally any assessments requested by an officer before an arrest are optional. This includes field sobriety examinations and breathalyzers. A DUI lawyer would likely advise clients to not submit to either of these tests, as they can provide a solid reason for the officer to make the arrest.

If the individual is ultimately arrested for driving under the influence, many states will require a blood or breath test under "implied consent." In theses instances, many clients want to know which is the better method to submit to. This will ultimately depend on individual situations, and will vary from person to person.

Blood Testing

A blood test is much more accurate than others and far less likely to provide a false reading. Once law enforcement officials draw blood from a DUI suspect, the law requires some of that specimen be preserved for a defense case. This means that a defense attorney may ask for a sample in order to have it re-examined by an independent lab. This allows the suspect to have a strong defense to his or her case.

A blood draw has both benefits and drawbacks, depending on the person submitting to it. Due to its more reliable accuracy, those who feel as if they are under the legal limit, this may be a more ideal option. However, for those who believe they are indeed over the limit, it may not be ideal to submit.

Breathalyzer Testing

A breathalyzer is a far less accurate way to measure alcohol levels, and is often known to provide false positive results for those who are below the legal limit. In some cases, a breathalyzer is often challenged legally by a DUI lawyer, especially the exact breathalyzer that was used in a particular arrest.

For those who believe they are over the legal alcohol limit, it is often advisable to submit to the breath test, as the results are less challenging for a DUI lawyer to defend in court. This method allows an attorney to refute the results in order to gain a more favorable outcome.

The question as to which is better is it truly depends on the person. A DUI lawyer should be called upon after the arrest in order to help the suspect decide which method would be better in his or her own situation. The attorney will also assist in a defense strategy if the results are not ideal. Securing a DUI lawyer, such as from Winstein, Kavensky & Cunningham, LLC., should be one of the first steps once an arrest is made.


20 April 2016

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