Blood & Breath Tests

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DUI Blood & Breath Tests in Modesto

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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.

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