Blood and Breath Tests

Blood Alcohol Tests

Blood Alcohol tests are likely the most accurate form of alcohol testing. In California you are required to submit to a chemical test if you are arrested for a San Jose DUI. Failure to submit to a chemical test has devastating consequences and while it can be defended it presents a more difficult case. The blood test must follow a number of strict rules and will be drawn at the hospital or at the station. THe blood must be kept according to the rules of evidence and your qualified San Jose DUI attorney can retest the sample of your blood that was taken to test for accuracy or contamination.

Even if you submit to a breath alcohol test you may still want to do a blood test to preserve a sample. The arresting officer should advise you of your right to preserve your sample through a blood or urine test if you submit to a breath test following a San Jose DUI arrest.

Breath Alcohol Tests

Breath Alcohol tests are usually performed using a breathalyzer. There are a number of different breathalyzers on the market and different versions are used with different arresting agencies. Each generally operate the same. You are required to submit to a chemical blood or breath test, however you are not required to submit to a PAS test or Preliminary Alcohol Screening which is done prior to arrest and used as a final field sobriety test to assist the officer in determining whether to place you under arrest for a San Jose DUI. Breath Alcohol tests are somewhat unreliable due to human error or poor maintenance. Breathalyzers must be maintained and calibrated according to a rigorous schedule and failure to show accurate records can result in an invalidation of the results. If you or someone you know submitted to a Breath Test following an arrest for a San Jose DUI contact our firm now by filling out our free online case evaluation.