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Practices > Riverside and Orange County DUI Lawyers > The Chemical Test

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Under California law, anyone suspected of and arrested for DUI is required to submit to a chemical test to determine the blood alcohol concentration of that person. A refusal to submit to such a test can carry higher penalties for you in the long run. Under the law, you have a choice of giving a breath sample or a blood sample. If you refuse to provide either, the police agency can elect to force a blood draw from you.


If you elect to provide a breath sample, you will be asked to blow into the breathalyzer machine twice. What the officer is looking for are two samples within .02% of each other for accuracy. There are many things that can affect your breath sample. For example, if you burped or threw up recently, you would have a higher concentration of alcohol in your mouth, commonly known as “mouth alcohol” and would therefore give a false reading. For this reason, the law requires that the officer observe you for a full 15 minutes prior to administering a breath test. They will be making sure you didn’t chew gum, eat mints, burp, vomit, etc…

Read on to learn more about breath testing.


If you elect to provide a blood sample, the officer will bring you to an area with a licensed nurse who will do the blood draw. Once you receive the rsults of your blood test, if you feel they are wrong, you should contact your attorney at WILL & WILL, LLP immediately. We have experienced independent criminologists that can re-analyze the blood that was drawn from you after the DUI arrest.

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