Blood alcohol content determined by Breath and/or Blood test

Fresno DUI / Criminal Defense Lawyer Jonathan Rooker

Should I have taken the alcohol test?

If you have been pulled over and cited on suspicions of drunk driving the officer may ask you to submit to a chemical test prior to arrest.  This is called a PAS or Preliminary Alcohol Screening.  This occurs prior to any arrest that might occur.  A PAS is not mandatory, you must consent to perform one, unless you are under 21 years of age or it is a term of your probation.  It may be in a person's best interest to decline, but that is heavily dependent on each cases unique facts.  Following a PAS test, a person may be arrested on suspicion of DUI or Drunk Driving.  If this occurs you may want to retain an experienced Criminal Defense Lawyer at the law offices of Jonathan Rooker to advise you with your case.  Criminal Defense Attorney Jonathan Rooker has assisted hundreds of clients with there DUI cases.

Do I have to answer questions when I'm stopped for DUI?

When a suspected Drunk Driver is stopped, they are not legally obligated to answer an officers questions. It is also true when a person is stopped for drunk driving, they do not legally have an obligation to perform any field sobriety tests.  Many times the officer is collecting information to be used against a person in court, to help convict the driver of drunk driving, or driving while impaired.  If a person is lawfully arrested for DUI, they are obligated under the implied consent law to provide a sample for chemical analysis.  This may be breath or blood, and it is the suspected drunk driver / DUI suspect who may choose the sample they give.  There are certain situations where the suspected DUI Driver does not have the choice, and the officer may choose for them.  This may occur when drugs are suspected as the basis for the impaired driving.

Should I have taken a blood test or Should I have taken a breath test?

This is a question that drivers arrested for DUI commonly ask.  A general answer is difficult.  Each person, and circumstance is unique.  People continue to absorb alcohol for a period of time following their consumption of alcohol.  This period varies greatly between people and situations.  There are very credible studies that show people continue to absorb alcohol for about two hours after they consume alcohol.  That is cited as an average, not an example.  Some people may fully absorb alcohol in around 15 minutes, while at least one medical text book states it may be up to six hours after consumption before the alcohol is fully absorbed.  Breath analysis can over report BAC during the absorption phase.  Blood tests can also be inaccurate.  Holding ones breath prior to exhaling in the breath instrument can also cause the machine to report an inaccurately high result.  If the subject has a fever, or high body temperature it adds to the results as well.  There are numerous other factors that also may influence the breath results.   The list of possibilities and variation that can occur in a single DUI case are so numerous that a blog cannot cover all the possibilities.  To properly assist clients, it is important that the client schedule a meeting with an experienced DUI attorney to asses their case.