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Chemical Tests
Once a person is placed under arrest for driving under the influence of alcohol or drugs, they are to be told that they have a choice of chemical tests that they must take. According to California’s “implied consent” law, the person arrested has a choice of taking a blood or breath test if the arrest is alcohol related, or taking a blood or urine test if the arrest is drug related. There is no right to take a urine test for alcohol related D.U.I., unless it is suspected that the driver has a combination of alcohol and drugs in their system. There is no right to consult with a lawyer prior to taking the test. Title 17 of the California Code of Regulations sets out the requirements for proper chemical testing in California. Where these standards are violated, the result of the test is unreliable, and should not be the basis for a D.U.I. conviction.Where the sample is blood or urine, your defense lawyer can and should get the sample tested by an independent laboratory.
Where the accused refuses to take a blood, breath or urine test, this refusal can be used as evidence that the accused was conscious of their guilt. The DMV will also use this refusal to suspend or revoke the suspect’s driver’s license and the refusal can also be used to enhance the punishment in the event of a conviction.
California Drunk Driving > DUI and DWI > Chemical Tests
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© 2003 Darren T. Kavinoky, DUI Lawyer - All Rights Reserved Legal Disclaimer - Site Map - Helpful Resources Kavinoky Law Firm 22130 Clarendon Street, 2nd Floor, Woodland Hills, CA 91367 Tel: 818-346-4646; Fax: 818-346-4660 Toll-Free: 1-800-DUI-LAWS (1-800-384-5297) |
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