Who Gets to Pick Which Test I Take, Me Or The Officer?

Although there are currently three different chemical tests (blood, breath, and urine) that measure a person’s blood alcohol content, the availability and usage of them differ from state to state.  In some jurisdictions, only breath and blood are used in DUI cases.  Other jurisdictions use all three methods.  The decision of which test will be administered is either made by the suspect or the officer, depending on the local laws of any particular jurisdiction.  In some states, the officer has the discretion as to which test will be administered.  In others, the DUI suspect has the choice of which test he/she will submit to.

Remember that submitting to any chemical test is voluntary and can always be refused.  Your refusal will carry penalties however, and in some states is considered a separate chargeable offense.  Typically refusal to submit to a chemical test will result in the suspension of your drivers license for a particular amount of time.  Some jurisdictions allow for forcible blood draws in certain situations, so even if you refuse a warrant can be obtained to compel you to take a test.  Additionally, some states have statutes permitting blood draw in accident, death, and serious bodily injury cases without consent.  Check your local laws and consult with an experienced attorney in your jurisdiction for more information.