Blood, Breath, or Urine Test: Take Your Pick
Did you know that California DUI law allows you to choose to be tested based on blood, breath, or urine?
Section 23612 of the Vehicle Code gives you this choice, and it’s the duty of the arresting officer to inform you of this right. This is important because many officers subject offenders to breath tests only. Despite advances in technology, breath tests are usually employed since they save the trouble of arranging for more meticulous testing like blood or urine.
Breath tests, even as they evolve to become more foolproof, can still be fooled by faux alcohol traces such as the alcohol from mouthwash (albeit slightly). People with dentures can also be affected by the results of a breath test since it’s possible for the alcohol to be trapped under the dentures.
A defense attorney can contest the need for the arresting officer to give the driver his choices. At times, arresting officers can argue that they have “a right without remedy,” which is under Section 23157 of the Vehicle Code. However, he is still required to read the driver’s choices, regardless of the nature of the DUI.
This may not be enough for a motion against invalidating the results of the test, but it can bring into question the validity of the arrest.