Should I take a breath or blood test if I get pulled over for a DUI? By Daniel Smith

Never take a breath test using a handheld device if you do not have to. They are particularly inaccurate and subject to gross errors. If you are on probation for a DUI or if you are under 21 years old, you must take the hand held test if the officer thinks you are driving after drinking. If you are not, don't be fooled. The police may say they think you are under the legal limit or you are borderline and will let you go if you take the test and have a low result. Don't be a sucker. They have already decided to arrest you and they are only trying to get more evidence against you. If you are arrested, you will still have to take a blood or breathe test whether you take the hand held test or not. Blood tests are usually more precise than breath tests. A breath alcohol test is only an approximation of what is actually in your blood. The machine measures how much alcohol is in your breath and then extrapolates what is in your blood based on an assumed average ratio. If you are certain you only had a very small amount to drink, one beer, one 4 ounce glass of wine, one ounce to an ounce and a half shot of hard alcohol, take the blood test. It is usually more accurate and will not be thrown off by a burp. If you had more than that to drink, take the breath test. It will give your DUI lawyer more to work with. Remember, blood tests can be wrong too if the sample is not handled properly. If you would like more information on your breath or blood test results from your DUI, please feel free to contact our office at (619)258-888 and speak with one our experienced DUI attorneys.