Is the choice of DUI test mine or the officer's?
There are 3 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. Moreover, in some jurisdictions, DUI cases only use breath and blood test. Other jurisdictions use all three methods. The decision of which test administered ultimately made by the suspect or the officer. Depending on the local laws of any particular jurisdiction. Consequently, in some states, the officer has the discretion as to which test administered. In others, the DUI suspect has the choice of which test he/she will submit to.
To clarify, remember that submitting to any chemical test is voluntary and the suspect can refuse. Your refusal will carry penalties however, and in some states considered a separate chargeable offense. Moreover, 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 easily 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.
Forced Blood Draw Search Warrant in DUI Cases - DUI law in some states allows a search warrant to be issued for a forced blood draw if you fail to voluntarily submit to a blood or breath test.
DUI Chemical Tests And The Law - Three types of DUI Chemical Tests are used to attempt to measure Blood Alcohol Content (BAC). They are breath tests, blood tests, and urine tests.
The Different Types of DUI Breath Tests - Different types of DUI breath tests can be used to detect levels of alcohol present on a person's breath.
DUI Checkpoints – Know Your Rights