Legal Question in DUI Law in California

During a traffic stop, drivers can be requested to blow into an Intoxilyzer. This is not optional. They could also take you to a hospital emergency room to have your blood drawn. If you were arrested, your attorney might later request a "split sample" and have the "split" analyzed by your own toxicologist.

I disagree with the previous answer.

Unless you are on probation or under 21, you do NOT have to submit to the roadside breath test. If you are ARRESTED for DUI, not just detained and under investigation, you must submit to a chemical test (breath or blood). No, you cannot insist on your private physician. As long as the blood is drawn in a medically approved manner by a person trained to do so (such as an RN, LVN or phlebotomist), that is what is required. If you were to insist that it only be done by your own doctor, they would allege a refusal against you, then force a blood draw and still use the results against you.