Whether to give a breath or blood sample after being arrested for DUI on Long Beach is another personal decision. Each has its pros and cons, and one is not necessarily better or worse than the other; they are just different.
The breath test is usually the quickest and easiest to do. Whatever jail or station the arresting officer takes you to will have one or two machines there. The actual chemical test breath machines tend to be pretty reliable and their results almost always hold up in court.
A skilled Long Beach DUI lawyer will know to attack how the test was performed, who performed it, when or whether the machine was properly maintained and calibrated, etc., by requesting all of the data, logs, and records for the machine used as well as the training and qualifications of the officer who performed the test.
Also, the breath machines – at least for now – cannot detect marijuana or other drugs. If you have reason to believe that something other that alcohol may be found in your system at the time of testing, a chemical breath test may be the way to go.
On the other hand, chemical breath machines do not maintain the sample. Once you give the sample, it is gone forever, never to be retested. Furthermore, if there was a question about the veracity of the result or how it was documented, there would be no way to prove that the sample was yours. While that is a very unlikely scenario, a good criminal and DUI defense lawyer would want you to try to consider every possibility and prepare for it.
Blood tests involve needles. That, right there, is reason enough for many people to say no to a chemical blood test after a DUI in Long Beach. However, if you are someone who doesn’t mind a little needle stick, blood tests have some distinct advantages.
I like the fact that the sample is maintained and can be retested if needed. A blood sample can also be tested for DNA to prove [or disprove] that the sample is yours. Other issues about the sample can also be examined by a defense expert, such as the preservative used, the method and technique used for testing, how the sample was handled, etc. These are all areas a skilled DUI lawyer in Long Beach can examine and try to attack.
As described above, the fact that other substances can be detected could create additional issues in a Long Beach DUI case. Likewise, blood tests tend to be pretty accurate and that is not necessarily a good thing for the defense of a DUI case. Also, blood tests take longer to perform, they require more paperwork, and usually result in more time in custody before they send you home.
Ultimately, whether to give a breath or blood sample comes down to what YOU want to do in the moment.
