Legal Question in DUI Law in California

Re: Denied choice of chemical test

You need to hire an attorney to represent you on your DUI case . . .it sounds as though you may have some defensible issues in regard to this matter. If you would like to discuss your matter if further detail, please contact me. (310) 277-1707.

Re: Denied choice of chemical test

Thanks for your posting. In California, you are supposed to be given a choice of blood or breath testing. Urine testing can be required if the officer reasonably suspects the presence of drugs. If a breath test is chosen, the officer is supposed to advise you that, because a breath sample will not be saved for later reanalysis by the defense, you are entitled to a second test of blood; many officers, however, fail to provide this information.

If an officer or a machine is not qualified to give the test under Title 11 of the administrative code, the breath machine is considered "unavailable", giving the police the right to seek a blood test.

Analysis of a blood sample is potentially the most accurate. Breath machines ae susceptible to a number of problems rendering them often unreliable. The least accurate is urinalysis.

Regarding the suspension, you should check it carefully. You need to call the DMV and request a hearing immediately, at the latest within 10 days of your arrest. Once you receive information from the DMV, usually through your attorney or via mail, you will see if they marked the case as a "refusal" or just gave you the standard Admin Per Se suspension. You are eligible to get a work restricted license after following four basic steps, which the DMV will give to you or I can advise you on if you like. Feel free to email or call for more information.

Re: Denied choice of chemical test

I have never heard of an officer being "unqualified" on the breath test machine as a reason for denying you a breath test, because SOMEONE at the station has to be qualified, as you've suspected. There is an issue there that needs to be explored. You may be able to get some leverage for a better resolution of your case there. With respect to the Admin Per Se (DMV) suspension, as Robert Miller said, be sure to request a hearing at the DMV within 10 days of your arrest. It's possible that the suspension from the DMV can be avoided altogether. I suggest that you consult with a criminal lawyer experienced in DUI/DMV matters before you go to court. It's best to do this right away. Most attorneys give free consultations. I do. If your matter is in LA, don't hesitate to call me for a free consultation. Steve Mandell 310 393 0639