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DUI Breathalyzer Test
Are you actually required to take a breathalyzer test when pulled over for a DUI? No.
Before any lawful arrest, a breathalyzer test is only a preliminary field sobriety test that may be taken after being pulled over for suspicion of driving under the influence. The results of this preliminary test are actually used to establish probable cause that you were driving under the influence. Therefore, before deciding whether submit to preliminary testing, it is important to consider all the factors the officer might have to think you have been drinking.
The implied consent law in the California Vehicle Code Section 23612 only applies to mandatory chemical tests. A chemical test is a test of your blood, your breath, or your urine. Such a test is only mandatory when you are being arrested by a police officer who already has probable cause to believe that you have been driving under the influence. At which time you have the right to choose between a blood or breath or urine test. Whichever test you choose, know that it will be used for the purpose of determining your blood alcohol content (BAC) and must be administered at the time of your arrest. It is important to note that the BAC of 0.08% or greater is considered driving under the influence.
If you have any questions about a DUI Breathalyzer Test, please contact attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense