Resources - DUI FAQS

DUI FAQS: Click here to return to the DUI frequently asked questions

What should I know in order to make an intelligent choice about which blood alcohol test I should take?:
As mentioned in other FAQs, from the standpoint of the police and prosecution they will always prefer to have the more accurate sample of your actual blood to use against you as evidence in court. The least accurate and least reliable test is a urine sample. However, if it has been some period of time from when you had your last drink to when you give the urine sample, the sample may test out to your disadvantage with an inaccurately high reading against you. This is because in such a situation, the alcohol content in your excreted urine is actually greater than the amount of alcohol you have remaining in your system.

On the other hand, a breath test may show an inaccurately high reading against you if you take the breath test shortly after your last drink. This is because of the high alcohol content lingering in the mouth, esophagus, and the upper digestive system. If you have used any kind of breath spray, mouthwash or even should you burp shortly before the breath test, then the reading could be inaccurately high against you. Both the blood and the urine samples will also show any presence of drugs as well as alcohol. However, a breath test can only determine alcohol content and nothing about potential drugs on your system. Regardless, whichever test you take must be given to you within two (2) hours of when you were driving.

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