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If you are given the choice between a breath test and a blood test during a DUI stop, there are two important things to keep in mind. First and foremost, chemical test refusal is tantamount to pleading guilty on the spot. The second thing you should seriously consider is asking for a blood test instead of a breath test. This DUI test is very helpful in many cases, because the evidence can be retested at a later date in case of a botched initial test.
A breathalyzer test cannot be re-accomplished later. If you get a false positive for a driving under the influence, you are basically stuck with those results unless a competent DUI lawyer can contest the evidence of the breath test. If you are being wrongly accused of illegal behavior under the local drunk driving law, the blood test may be your best friend.
You should be very careful giving advice concerning DUI law. Every state has different laws concerning DUI convictions and thus any advice given may not be in a persons best interest. Moreover, it may be illegal to give such advice in a particular jurisdiction (state). People should consult competent DUI attorneys in the jurisdiction of concern to them.
|Jennifer Mathes, Ph.D.|