Resources - DUI FAQS

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

What is a blood alcohol test?:
This is a physical procedure to determine how much alcohol you actually have in your system. There are three ways of doing this test:

• Drawing a sample of blood from your arm;
• Obtaining a urine sample;
• Obtaining a breath sample by having you blow into a machine called a breathalyzer; (This is different from a field sobriety breath device. The breathalyzer is much more sophisticated and exact.)

You have the choice of which one of these three tests you will take. The only time your ability to choose which test you take can legally be restricted is if you are in a locality that simply does not have a breathalyzer. The officer is required to tell you that the option as to which test you take is up to you. But quite often officers will try to pressure or browbeat a person into taking the blood test because this is the most effective procedure for the prosecution to use against a person in court. You do not have the right to refuse to take any test. Legally, the officer could hold you down and forcibly draw a blood sample from your veins. In practice this rarely happens except where an accident is involved which caused death or serious bodily injury. Instead, if you refuse to take a test, your driver's license is automatically suspended for one year. Also, in your trial, the jury (if you are tried by jury) will be told that you refused to take the test and the judge will instruct the jury that they can consider your refusal as evidence of your guilt.

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