DUI Blood & Breath Tests in Modesto
Call a Modesto DUI Lawyer Now for Representation!
In order to charge you with driving under the influence of
drugs or alcohol, law enforcement must be able to prove that you were actually
doing exactly that. They most frequently do this by having you take a
blood or breath test and then submitting the results as evidence of your
actions. This might seem straightforward, but the results are not always
conclusive. In fact, you might be surprised at just how frequently these
tests can be erroneous or be used to work against your prosecution. For
this reason, you should immediately contact a Modesto DUI attorney after
you have been arrested for DUI.
At the
Law Offices of Mark W. Girdner, we are ready to take action and help you seek the best possible resolution
to your case 24 hours a day. We firmly believe that everybody deserves
top-quality advocacy on their side when facing criminal charges, and we
strive to provide each client with a solid legal defense that can preserve
your rights and maintain your freedoms. Attorney Girdner knows how stressful
facing DUI charges can be, and he moves quickly and decisively to help
you fight back against your charges achieve the best possible outcome
to your case.
Don’t face your DUI charges without an experienced attorney in your
corner! Call the Law Offices of Mark W. Girdner today at 209.326.1533
and ask to receive a
free consultation!
Gathering Evidence via Chemical Testing
If officers are able to establish probable cause, they will arrest you
and force you to take a blood or breath test. Unlike field sobriety tests,
which are given when you are
not under arrest, you are required by California’s “implied consent”
laws to submit to these tests. Failing to do so will carry an automatic
one-year license suspension, and probably also won’t help you with
your criminal charges.
You will have the right to choose between a blood and breath test, if the
option is available. If one is not available, you will be required to
submit to the other.
Which chemical test should I choose?
-
Choose a
breath test if you have only had a very limited amount of alcohol, such as one beer
or a single glass of wine. In these instances, your blood alcohol will
likely come back so low that it’s highly unlikely a prosecutor will
try your case. Odds are your charges will be dropped quickly.
-
Choose a
blood test if you’re absolutely 100% sure your blood alcohol is below the legal
limit, or if it’s been less than an hour since your last drink.
At this point your body is still absorbing the alcohol, so odds are your
test results will be inflated and you could blow a number higher than
your actual blood alcohol value, resulting in evidence against you.
You do not have the right to have an attorney present at the test, since
law enforcement may take it quickly for fear of losing evidence against
you. You do have the right to an independent test if you feel as though
it will be more accurate than the police, however this is usually expensive
and doesn’t help your case all that much.
However, you have a right to the full report of your test and the results,
including the method by which you were tested and the results that your
test turned up. It’s strongly advised that you request this information
and review it with your attorney to help your case.
If you have recently taken a blood or breath test after a DUI arrest,
contact the Law Offices of Mark Girdner online now and get the help you need to
face your charges with confidence.