As someone who has been stopped by the authorities and who may be accused of drinking and driving, you should know that you may have the right to choose between a breath test or blood test. Blood tests are by far the most accurate way to determine your blood alcohol concentration, while breath tests are more likely to be used in the field.
If you’re asking if you should take a breath or blood test when asked, first you have to understand that not agreeing to a test could lead to the loss of your license. When you accepted your driver’s license, it was with the understanding that you would submit a sample to check your BAC if asked. Refusing typically leads to the automatic loss of your license.
Why do officers usually ask for a breath test?
Officers usually ask for a breath test because they don’t need a warrant for it. A more invasive test, like a blood test, may require a warrant and probable cause. Therefore, when you’re stopped, it’s most likely you’ll only be asked for a breath sample.
Is a breath sample better than a blood test?
It depends on what you want to do with it. It’s generally easier to defend against breath tests, because there is a greater chance that the test could be inaccurate. Inaccuracies are rarer with blood or urine tests, though they can be inaccurate as well, in some cases. If you want to challenge the test in the future, it may be better to agree to the breath test rather than one of the others if you have the choice.
What should you do if you believe the test results were inaccurate?
If you think the test results were inaccurate, your attorney may be able to help you seek an independent test of the results. Your attorney can also argue against and challenge the results if they were taken in a manner that isn’t within the standards expected by the law. Remember, the test results may show that you were impaired, but there are many factors that the court will need to consider.