Stephen Gustitis, Criminal Defense Attorney
If you are pulled over for a DUI, the officer may suspect you are driving under the influence of drugs, alcohol, or both. Specifically, if you are suspected of consuming too much alcohol and driving the officer may ask you to submit to a breathalyzer or blood test.
Should I Take a Blood Test or a Breathalyzer If I am Arrested?
There are pros and cons regarding both tests. For starters, breath tests are not always 100% accurate and there are several scientific challenges that may discredit the test result. According to Drivinglaws.org, not following proper procedures when using a breathalyzer can lead to “significant error.” This error may mean the test reports an artificially high result. Further this false result may be challenged in court and may likely comprise the prosecutor’s case. Additionally, a breathalyzer test results are obtained much more quickly than blood tests and only test for alcohol in your system. Lastly, officers are likely to seize your license on the spot if you fail the breath test. If you agree to a blood test, however, the officer may request testing for other substances in your system. This may provide prosecutors with additional evidence to prosecute you.
Most importantly, however, is the time factor. Your body continues to absorb alcohol after you’ve consumed your last drink. According to Wallin & Klarich, “if you’re driving while your BAC is falling, the blood test might work to your advantage depending on the time of your last drink. For example, it may take a while for the officer to transport you to a facility where your blood is drawn. That delay could be enough to allow your BAC level to fall below the legal limit. Meanwhile, a breath test can be administered on the spot. If your BAC level is rising, although you felt unimpaired, this may produce higher Breathalyzer test results.
All factors considered, if you’re asked to choose between these two tests, the breath test may be your best choice since the test is more vulnerable to scientific attack. A blood test will produce more accurate results, but it’s more difficult to challenge. Additionally, the blood test may also report the presence of other substances in your system.
If you’ve been accused of driving under the influence or driving while intoxicated, the first thing to do is seek help from a DWI defense lawyer. Steve Gustitis is a Texas Board Certified Criminal Defense Attorney and DWI lawyer practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County.
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