At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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Why Was I Asked To Perform Multiple Breath Tests?

Once an officer pulls you over and asks you to perform field sobriety testing, they will ask you for a preliminary alcohol screening test. If you are over 0.08 or at 0.08, they are going to arrest you for DUI. They will cuff you and tell you that you have to take either a breath test or a blood test. If you refuse, you will lose your license for a year or more. They will perform two tests because they are required to have two blows within 0.02 of each other, after a 15 minute observation period.

I Wanted A Blood Test. Why Was It Not Offered?

Every case is different. Sometimes, the officer is supposed to give you a choice of tests and they will always say that they did. If we have video of everything they said and you were not given a choice of tests, your attorney may file a motion to suppress the evidence for a violation of implied consent. Very often, the officers want to get back to what they are doing and not have to call in a phlebotomist or take you to the hospital. They are supposed to give you a choice.

Should I Have Refused To Take The Breath Test?

Even if you can afford to lose your license for a year or more with no restricted or interlock privileged driving, you also run the risk of still having to do a blood test, if you refuse a breath test. California and most other states can do a forced blood test. They will get a judge to sign a warrant, which allows them to take your blood. Then, you are facing losing your license for a year plus a possible DUI. In most cases, you do not want to refuse to take a breath or blood test. If you are close to the legal limit, the longer waiting period for a blood test gives you a better chance of your alcohol level dissipating before the test is actually conducted.

Why Would It Say I Refused To Take A Breath Test When I Actually Did End Up Taking It?

In some cases, someone may have refused a breath test, initially, so the officer put down a refusal and then the person agreed to do it later. Typically, if someone refuses to take a chemical test, a forced blood draw is taken. It’s very rare that we see someone who does a breath test after the officers have determined that it’s a refusal.

For more information on Performing Multiple Breath Tests In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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